What is the name of your state? Maryland
I have a court case tomorrow on this. Any advice appreciated...
Most of this is probably the usual sad story -- Clear, sunny morning. Dry roads. Heavy traffic. We (the "pack") were just starting to get up near highway speeds again when someone a couple of car lengths ahead slams on the brakes. The cars behind just barely avoided hitting him. ...until I came along. I hit the car in front of me which resulted in a chain reaction ultimately involving four cars including my own. I was in back, so it's automatically my fault. State trooper shows up, asks a few questions, writes up accident report and issues a ticket to me for "Failure to control speed to avoid a collision." (TA21801b) Badabing Badaboom.
I'm not so naive to think that pleading "not guilty" is a good idea. However, I do think there are some mitigating circumstances. So I'm figuring maybe "guilty with an explanation." As I understand it, my need for advice mostly centers around which of the following may be worth mentioning, or if there are other hints that might be helpful. (I've read seniorjudge's hints on appearing in court.)
1. I'm 43, been driving _a_lot_ since 17 and this is my first accident.
2. No airbags deployed and no injuries, so speed was not as extreme as "four car pileup" might suggest.
3. My record isn't spotless, but pretty clean. It's probably been at least 5 years since my last moving violation. (Speeding.) I have no points. Don't recall ever having any.
3. This was my first car with anti-lock brakes, which I feel didn't stop the car as quickly as I had expected. Apparently it's fact that on a dry, straight road, anti-lock brakes require _more_ distance to stop than their primative ancestors. I didn't know that.
4. I was distracted by the car in front of me trying to get out of the way. He ultimately didn't, due to traffic in the next lane. Had I not been distracted, I would have probably taken more evasive action on my own, or slammed on the brakes harder/earlier. (Yes, I suspect this is pretty weak.)
5. I was too concerned about the car behind me. This is a longstanding and apparently bad habit. I almost always look in the rear view mirror reflexively whenever I have to stop fast, and try to "use all the space in front of me" to avoid getting read-ended, rather than standing on the brakes, come what may. Another lesson hard learned?
6. "It all happened so fast. *sniffle* My car was totalled. Isn't that punishment enough?!? *sob*"
I'm far less concerned about the $120 fine than the 3(!) points, for reasons which are probably obvious. Should I persue diversion(?). If I go before the judge, are any of my points above worth mentioning in any form?
Thanks in advance for any clues...
-- Charlie
I have a court case tomorrow on this. Any advice appreciated...
Most of this is probably the usual sad story -- Clear, sunny morning. Dry roads. Heavy traffic. We (the "pack") were just starting to get up near highway speeds again when someone a couple of car lengths ahead slams on the brakes. The cars behind just barely avoided hitting him. ...until I came along. I hit the car in front of me which resulted in a chain reaction ultimately involving four cars including my own. I was in back, so it's automatically my fault. State trooper shows up, asks a few questions, writes up accident report and issues a ticket to me for "Failure to control speed to avoid a collision." (TA21801b) Badabing Badaboom.
I'm not so naive to think that pleading "not guilty" is a good idea. However, I do think there are some mitigating circumstances. So I'm figuring maybe "guilty with an explanation." As I understand it, my need for advice mostly centers around which of the following may be worth mentioning, or if there are other hints that might be helpful. (I've read seniorjudge's hints on appearing in court.)
1. I'm 43, been driving _a_lot_ since 17 and this is my first accident.
2. No airbags deployed and no injuries, so speed was not as extreme as "four car pileup" might suggest.
3. My record isn't spotless, but pretty clean. It's probably been at least 5 years since my last moving violation. (Speeding.) I have no points. Don't recall ever having any.
3. This was my first car with anti-lock brakes, which I feel didn't stop the car as quickly as I had expected. Apparently it's fact that on a dry, straight road, anti-lock brakes require _more_ distance to stop than their primative ancestors. I didn't know that.
4. I was distracted by the car in front of me trying to get out of the way. He ultimately didn't, due to traffic in the next lane. Had I not been distracted, I would have probably taken more evasive action on my own, or slammed on the brakes harder/earlier. (Yes, I suspect this is pretty weak.)
5. I was too concerned about the car behind me. This is a longstanding and apparently bad habit. I almost always look in the rear view mirror reflexively whenever I have to stop fast, and try to "use all the space in front of me" to avoid getting read-ended, rather than standing on the brakes, come what may. Another lesson hard learned?
6. "It all happened so fast. *sniffle* My car was totalled. Isn't that punishment enough?!? *sob*"
I'm far less concerned about the $120 fine than the 3(!) points, for reasons which are probably obvious. Should I persue diversion(?). If I go before the judge, are any of my points above worth mentioning in any form?
Thanks in advance for any clues...
-- Charlie
