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How to go about fighting this ticket

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andrewjlogan86

Junior Member
Ionia MI,
I got a ticket for violation of basic speed law. It happend when I was going 65 in a 70 down interstate 96 and the pickup truck in front of me slammed on his brakes when he saw a deer about ro run across the road. when I slammed on mine and swerved to miss him I lost control. I didn't hit anyone or any thing but I did some donuts and when I hit the ditch my car flipped and landed on its hood. Now there was no damage to anything but my car and no wittiness to talk to the police all I told them is just what I said here I'm going in for an informal hearing and I'm not sure how to go about fighting it. I really don't see how he could even write this ticket. Thank you for any help.
 
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Kiawah

Senior Member
I got a ticket for violation of basic speed law. It happend when I was going 65 in a 70 down interstate 96 and the pickup truck in front of me slammed on his brakes when I slammed on mine and swerved to miss him I lost control. I didn't hit anyone or any thing but I did some donuts and when I hit the ditch my car flipped and landed on its hood. Now there was no damage to anything but my car and no wittiness to talk to the police all I told them is just what I said here I'm going in for an informal hearing and I'm not sure how to go about fighting it. I really don't see how he could even write this ticket. Thank you for any help.
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If you were following at appropriate safe driving distance and speed, you should have been able to slow/stop and stay in your lane as well.

Your avoidance maneuver was unsafe, as evidenced by your crash, and luckily you are alive to write about it. If there was other traffic however, you could easily have involved other vehicles, who could have had both physical property damage and severe medical issues.

Your car is meant to drive with the wheels on the pavement, not up in the air. I would fully expect to have received a ticket of some sort, if I was in that accident. I'd suggest owning up to your error, consider it a gigantic learning experience. Be thankful that you are still alive, I've seen many accidents where the car rolled and the occupants didn't survive.
 
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andrewjlogan86

Junior Member
kiawah

Kiawah said:
If you were following at appropriate safe driving distance and speed, you should have been able to slow/stop and stay in your lane as well.

Your avoidance maneuver was unsafe, as evidenced by your crash, and luckily you are alive to write about it. If there was other traffic however, you could easily have involved other vehicles, who could have had both physical property damage and severe medical issues.

Your car is meant to drive with the wheels on the pavement, not up in the air. I would fully expect to have received a ticket of some sort, if I was in that accident. I'd suggest owning up to your error, consider it a gigantic learning experience. Be thankful that you are still alive, I've seen many accidents where the car rolled and the occupants didn't survive.
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Well u just have the wrong idea of how this happend we were the only two cars around. I drive it every morning and I drive very slow because I get such better gas mileage. And honestly I would of had enough room to stop if the car didn't start sliding and I wasn't just going to hope I did and run into the guy if I didn't. So since u can't drive on the highway expecting everyone to slam on there brakes out of no where I was not in the wrong. But thanks for no help at all. AL.
 
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The Occultist

Senior Member
andrewjlogan86 said:
And honestly I would of had enough room to stop if the car didn't start sliding and I wasn't just going to hope I did and run into the guy if I didn't. So since u can't drive on the highway expecting everyone to slam on there brakes out of no where I was not in the wrong. But thanks for no help at all. AL.
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Just because you were told something you don't wish to hear doesn't mean that it is incorrect.

If road conditions were such that sliding was a potential, then you were legally obliged to increase your following distance. The fact that you lost control makes it clear that you were driving at a speed that was unsafe for conditions.

Now, before I go ahead and say that you're guilty with no chance of hope, we need to know if you were cited correctly. What code(s) have you been charged with?

Also, if you expect any help from these volunteers donating their time to assist people, then you'll drop the attitude. Please and thank you.
 
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jwissick

Junior Member
andrewjlogan86 said:
So since u can't drive on the highway expecting everyone to slam on there brakes out of no where I was not in the wrong. But thanks for no help at all. AL.
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I disagree. You should drive expecting that sort of thing to happen. That's why there are space requirements between cars.

From your story I get the feeling that one of two things is true.

1) You were following too close

OR

2) You were driving too fast for the conditions (conditions being following too close).
 
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wrongsometimes

Member
You should have said nothing to anybody regarding what happened. You state that the cop did not witness the event? Then why talk to him & give him information that lead to the ticket. I would press the cop on this issue and ask him exactly what you said verbatum; when he says he does not remember every word you said then say, then you are only relying on your notes that are conclusions of what you heard? Then motion to strike his conclusionary statements. Then motion for acquittal after the state rests. Ask him what speed you were going and how HE measured it. Ask him if your speedo is calibrated & when? Ask him if your speedo could be inaccurate? Its an easy win ... next time, dont talk to the cop & you wont even have a court date. YOu are under no obligation to answer any questions from cops other than to identify yourself...under any circumstance no matter what the cop tells you (they dont know the laws anyway) - you'll see no law saying its a violation not to talk to the cops
 
Zigner

Zigner

Senior Member, Non-Attorney
wrongsometimes said:
You should have said nothing to anybody regarding what happened. You state that the cop did not witness the event? Then why talk to him & give him information that lead to the ticket. I would press the cop on this issue and ask him exactly what you said verbatum; when he says he does not remember every word you said then say, then you are only relying on your notes that are conclusions of what you heard? Then motion to strike his conclusionary statements. Then motion for acquittal after the state rests. Ask him what speed you were going and how HE measured it. Ask him if your speedo is calibrated & when? Ask him if your speedo could be inaccurate? Its an easy win ... next time, dont talk to the cop & you wont even have a court date. YOu are under no obligation to answer any questions from cops other than to identify yourself...under any circumstance no matter what the cop tells you (they dont know the laws anyway) - you'll see no law saying its a violation not to talk to the cops
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The "advice" you are giving falls apart when you consider that the speed one is driving has no bearing on the charge against our OP. :rolleyes::rolleyes::rolleyes:

wrongsometimes is wrong again!
 
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