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Careless Operation-Cop did not witness

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B

B57

Guest
In Louisiana. My left front tire blew out, causing me to lose control and hit the curb of the median, which broke my wheel. I was not speeding. A passing motorist, who saw me, stopped to help. Realizing he couldn't, he left the scene.

I then proceeded to call my Motor club for assistance, and while I was waiting for them to answer the phone, a policeman showed up and told me to hang up the phone, which I did.

He, instead, called a police wrecker, issued me a ticket for "Careless Operation" and gave me a ride to a gas station, called my husband, and asked him to come pick me up.

How can he write me a ticket for Careless Operation when he did not see what happened? I had been stuck there at least ten minutes before he arrived on the scene. (Talking to the helpful witness, and having time to get my motor club card out of my wallet, and dial the number).

I'd also like to add that this was 3:40 a.m., I was on my way home from work (at a night club), and the officer claimed I smelled like a brewery. I told him I worked in a night club, and all the employees smelled of beer and cigarettes by the time we get off work. I was given no tests for DUI.

Will this Careless Operation charge stand, under the circumstances? My driving record is spotless. I get a "safe driver" discount from my insurance company.
 


M

MD driver

Guest
I would definitely go to court on this one tell the judge you have a spotless driving record (in my state they can pull your record up immediately.) Also ask the judge if you should be held responsible for a blowout, tell the court you keep your tires properly inflated and with good tread I hope this is true. Then ask if a police officer can give you this ticket without witnessing the incident. I would also say that you feel you should be reimbursed for the tow job because the cop would not let you call your own motor assistance company.The judge will probably chuckle and of course you will never get that money back. If your driving record is spotless they will throw this one out. And get rid of those firestones.
 
A

adr5

Guest
What kind of exchange did you have with the officer before he gave you the ticket? Did
you describe what happened? Depending on what
you said to him, he could use what you said
against you. On the ticket he will list
which law you broke. Go to your local library and look up the exact wording of the law. That will help you prepare a defense.
 

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