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Car skidded and hit cop car

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person12345

Junior Member
What is the name of your state (only U.S. law)? Maryland

I was on the highway on a rainy day in the morning. Going at less than or about 70 mph in the leftmost lane (legal speed limit). There was a curve ahead and I couldn't see very well after it-- I saw the flashing lights of a cop car and unfortunately assumed it was stopped on the shoulder. Suddenly the car in front of my changed lanes to the right. I then realized that the cop car was stopped in the leftmost lane and there was a crashed car in the shoulder. There was a car directly to my right so I couldn't change lanes and there was a crashed car in the shoulder so I couldn't go there. I braked as hard as I could, the car skidded and hit the police car. I hit the police car moderately hard but no damage came to the police car or to any persons. My car's bumper was a bit out of shape. I am being charged with 21-801(b) Failure to control speed to avoid collision and 21-901.1(a) Reckless driving. I didn't know what to do, and the cop said that I should go to court. I have never had anything more than a parking ticket and have been driving for about 4 years (23 yo). After my accident three other police vehicles were parked in a gradation across two lanes, so that, I suppose, others won't get the same surprise.
My questions:
Since I have never been charged with anything before, what will happen now? What do I do in court? Should I just pay the $130 or go to court? Which is the better option in the long run and which is cheaper? Will I have a "criminal record"? What will happen to my insurance? Any advice will be appreciated.What is the name of your state (only U.S. law)?
 


I_Got_Banned

Senior Member
I was on the highway on a rainy day in the morning. Going at less than or about 70 mph in the leftmost lane (legal speed limit). There was a curve ahead and I couldn't see very well after it-- I saw the flashing lights of a cop car and unfortunately assumed it was stopped on the shoulder. Suddenly the car in front of my changed lanes to the right. I then realized that the cop car was stopped in the leftmost lane and there was a crashed car in the shoulder. There was a car directly to my right so I couldn't change lanes and there was a crashed car in the shoulder so I couldn't go there. I braked as hard as I could, the car skidded and hit the police car. I hit the police car moderately hard but no damage came to the police car or to any persons. My car's bumper was a bit out of shape. I am being charged with 21-801(b) Failure to control speed to avoid collision and 21-901.1(a) Reckless driving. I didn't know what to do, and the cop said that I should go to court. I have never had anything more than a parking ticket and have been driving for about 4 years (23 yo). After my accident three other police vehicles were parked in a gradation across two lanes, so that, I suppose, others won't get the same surprise.
As far as the "21-801(b) Failure to control speed to avoid collision"... it was raining, you were aproaching a curve, (both of which might lead to a conclusion that you were driving too fast for condiditons, even if slightly under the speed limit)... your car skidded and you could not stop in time to avoid an accident (and not just any accident, but one with a police car which I assume had its emergency lights on)... Pretty easy to prove and tough to argue against...

Then you're looking at "21-901.1(a) Reckless driving", which by itself is a misdemeanor charge, punishable by a fine of up to $1000... I'm not sure where you got the $130 from. Is that on your citation?

Since I have never been charged with anything before, what will happen now? What do I do in court? Should I just pay the $130 or go to court? Which is the better option in the long run and which is cheaper?
Both are difficut charges to try and beat on your own. In other words, I would be talking to an attorney if I were you. One might possibly be able to either reduce the charges, get on dropped or get you some kind of plea bargain. I wouldn't go it alone... JMHO.

Will I have a "criminal record"?
A misdemeanor charge is a criminal charge... So a conviction can result in a criminal record.

What will happen to my insurance?
Only your insurance can definitively answer that for you... the word "skyrocket" might not be much of a stretch though! So spending the dough for an attorney might save you some in the long run...

Good luck!
 
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You Are Guilty

Senior Member
The Failure to Control Speed is a non-starter, you are flat out guilty and you hit a freaking cop car. Just pray for mercy on that one.

However, I vaguely recall there being some discussion that a Reckless Driving charge must be supported by more than "just" speeding. That is, it would need to be speeding plus at lease one other offense (failure to signal; failure to obey traffic signs; etc.) Unfortunately, I don't have the time to research this (hint, hint, you do), but if this holds true, then you have a shot at getting the Reckless charge dismissed if all the officer claims is that you were speeding (even if it was "only" just driving too fast for conditions, and not "driving over the limit").

Then again, you hit a cop car. Not a lot of leniency in those cases. A local traffic lawyer would certainly increase whatever chances you have. Good luck.
 

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