Careless Driving in South Dakota - Should I fight?

[towpher]

South Dakota

Hey there,

I'm considering fighting a Careless Driving ticket I recently received following an accident. I'm 18 years old and I have been driving for four years ticketless/accidentless.

Here is what happened:

At approximately 4:00p.m. I was traveling 10 m.p.h. east down an alley. Upon meeting the intersection of Douglas Street, I stopped and looked to my left to check for oncoming traffic, however my vision was blocked by a Dodge Pickup truck and a line of 3 other vehicles parked up the street. I checked to my left and there was no oncoming traffic. I slowly proceeded into the intersection because I couldn't see around the Dodge pickup. A second later I was hit on the driver side near the tire. THere was major axel damage and quite a bit of body damage as well. I was legally at fault because I pulled out in front of the person. I was then cited with a 94 dollar fine for Careless Driving. Although I admit fault, how was this being careless? I stopped prior to entering the intersection and checked the area for oncoming traffic to the best of my ability.

My car, not being worth more than 2,500 dollars, was totaled out by the insurance company. My car received significant axel and body damage and possibly engine problems. The other car ended up with a few scratches on the bumper and a broken headlight. The other driver was not cited with anything.

It happened in a small, rural community where town cops rule the earth. My boss is the city engineer, and when talking with the police chief about my incident the chef said something along the lines of "That's what you get when a kid doesn't look." It was his impression that the police chief would show up and testify against me. It seems to me that the Chief is trying to teach some "punk kid" a lesson.

A member of the city council has proposed putting a no parking stall near where my accident occurred because it is a blind intersection and potentially hazardous to anyone using the alley. THe motion failed because parking is limited near Main Street the way it is.

The woman who hit me happened to be a classmate of mine, and as offered to testify on my behalf against the ticket stating it was blind and we couldn't see each other.

Here is the Definition of Careless driving:

32-24-8. Definition of careless driving--Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor.

Here is what the police report said:

Incident Narrative:
On the second day of April 2007 around 1600 hours I was dispatched to a non-injury motor vehicle accident at the intersection of Main Street and S. Douglas. I advised dispatch I was enroute and responded code 3. Upon arrival I noticed a 4 door Chevrolet bearing South Dakota Plates ______ facing south bound on Douglas Street t-boned into a 4 door Geo bearing South Dakota license plates ________ facing East bound exiting the alley way just South of Main Street.

Both parties stated they were fine and did not need medical attention. I briefly spoke with the driver of the Geo and he stated that he was exiting the alley way and did not see the other vehicle. The driver of the Chevrolet estimated her speed to be around 18 MPH.

Two skid marks roughly three feet in length were present and corresponded with the driver's statement. The Chevrolet had minor front end damaged estimated to be 1600.00 dollars. The geo sustained heavy drivers side front quarter panel damage, driver door damage and driver side front tire damage. I estimate the damage to be roughly 10,000 dollars.

Pictures of the accident were taken by Chief Fleek. The Chevrolet was issued a red tag for her vehicle and was able to drive it away. The Geo was towed by Ferdigs body shop.

Tow was issued Uniform Traffic Ticket K1744** for Careless Driving under SDCL 32-24-8 with a fine of $94.00 Dollars our a Court Date of May *, 2007 at **** hours. (End Report)


Here is a drawing I made. It is dimensioned and to scale:

http://img.photobucket.com/albums/v2...er/drawing.jpg

As you can see, a dodge dakota could have completely blocked my view of south bound Douglas Street Traffic.

Is this worth fighting?
If the cop doesn't show up, will the court rule in my favor?
If the cop does show up, and it's his word vs. mine will he win?
If I win, do I pay court costs? How much are court costs? If I loose, Do I pay court costs? Do I hire a lawyer?What is the name of your state?What is the name of your state?

[Zigner]

I didn't bother to read the whole thing...because the fact that you caused an accident is evidence that you were driving carelessly.

[towpher]

I clearly outlined why I wasn't driving carelessly in my post. Thank you for your time.

[Blue Meanie]

Originally Posted by towpher

I clearly outlined why I wasn't driving carelessly in my post. Thank you for your time.

You pulled out into traffic when you couldn't see ...that is careless.

How did you manage to get your license at the age of 14?

[towpher]

It's a town of 1,000 people, so it's not as if there is a steady flow of traffic. I entered the intersection with as much care as possible. I just so happened to be at the wrong place at the wrong time and by the time I realized she was there, I got hit. Should I have gotten out of my car, walked to the middle of the street, checked around the parked truck and gotten back in? (this still would have allowed time for another vehicle to become hidden behind the parked line of vehicles.

In South Dakota you receive a learner's permit at 14 years old. With this permit you can drive anytime while accompanied with an adult. At 14 and six months you can get a Restricted License which means you can drive alone from 5 a.m. to 10 p.m. and after with an Adult.

[Zigner]

I'm sorry we can't give you the answer you want to hear. It really doesn't matter how many times/ways you ask the question though.

[towpher]

Alright I appreciate you guys taking the time to respond.

What do I have to lose by taking this to court?

[trieroffact]

Absolutely challenge it.

The cop can't testify to anything and is not a witness - this works for you.

The other dirver would have to be the witness and if they don't show (which is likley) the case should be dismissed.

The vehicle blocking the sight distance (most likely illegally) along with the other car most likely speeding creates "reasonable doubt" and unusual circumstances.

You have already paid a high enough penalty for the mistake - no reason to have to take this additional points and insurance increase too.

[Zigner]

Originally Posted by trieroffact

Absolutely challenge it.

The cop can't testify to anything and is not a witness - this works for you.

The other dirver would have to be the witness and if they don't show (which is likley) the case should be dismissed.

Dubious, but hey, why not try that angle.

The vehicle blocking the sight distance (most likely illegally) along with the other car most likely speeding creates "reasonable doubt" and unusual circumstances.

How did you glean this information?

You have already paid a high enough penalty for the mistake - no reason to have to take this additional points and insurance increase too.

I'd agree with this though

[towpher]

The other driver has offered to show up to say whatever need be to get this ticket dismissed!

She's a good friend of mine and feels the same way I do about this ticket.

What would she have to say to get this dismissed?

[racer72]

Originally Posted by towpher

What would she have to say to get this dismissed?

The accident never happened. Of course, she would be opening herself up to being charged with perjury. Face it buddy, the charge is legit, there is no denying that fact. Make a deal for a reduce charge, take driver's training if available, etc.

[cepe10]

Originally Posted by towpher

The other driver has offered to show up to say whatever need be to get this ticket dismissed!

She's a good friend of mine and feels the same way I do about this ticket.

What would she have to say to get this dismissed?

Have her testify that the pickup was blocking the site distance which was the root cause of the accident and bring the statute below with you.

Also have her tesitify that you have taken care of the damages - you may want to bring proof and if the officer shows up - go to him before court starts and see if he will dismiss the charge.

Again this creates an "unusual circumstance" (the illegally parked vehicle) and brings reasonable doubt into play.




32-30-6. Places where standing and parking prohibited--Exception to discharge passengers-- Violation as petty offense. Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(1) In front of a public or private driveway;
(2) Within fifteen feet of a fire hydrant;
(3) Within twenty feet of a crosswalk at an intersection;
(4) Within thirty feet upon the approach to any flashing signals, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(5) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted;
(6) At any place where official signs prohibit standing.
A violation of this section is a petty offense.

Source: SDC 1939, § 44.0325; SL 1970, ch 175, § 30; SL 1989, ch 255, § 209.

[FlyingRon]

We've already answered this issue for you in the Auto forum. You are at fault here. None of your points alter the fact that you were careless and responsible.

Originally Posted by towpher

Is this worth fighting?

No.

If the cop doesn't show up, will the court rule in my favor?

In most cases yes. However, it's uncommon in most jurisdictions for the cop not to show. They usually book the minor traffic cases for a day that he is specifically detailed to be in court.

If the cop does show up, and it's his word vs. mine will he win?

Even if "his word vs. mine" you will lose. However, there is substantial evidence (in the accident) that indicate otherwise. Your own explanation is incriminatory.

If I win, do I pay court costs?

No.

How much are court costs?

Depends on the court. Frequently it will end up being more than the fine itself. You can call the court and ask.

If I loose, Do I pay court costs?

Almost certainly.

Do I hire a lawyer?

You can if you want. You can inquire as to whether SD has any program that will let you do driver school or something in lieu of the conviction if that appeals to you.

[towpher]

Originally Posted by cepe10

32-30-6. Places where standing and parking prohibited--Exception to discharge passengers-- Violation as petty offense. Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(1) In front of a public or private driveway;
(2) Within fifteen feet of a fire hydrant;
(3) Within twenty feet of a crosswalk at an intersection;
(4) Within thirty feet upon the approach to any flashing signals, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(5) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted;
(6) At any place where official signs prohibit standing.
A violation of this section is a petty offense.

Source: SDC 1939, § 44.0325; SL 1970, ch 175, § 30; SL 1989, ch 255, § 209.

Cepe-
How does this statute pertain to my case?

[The Occultist]

Originally Posted by towpher

Cepe-
How does this statute pertain to my case?

Nice, OP figured it out without a vet's help. Kudos!

You're right, none of that applies. My guess is that Cepe was trying to push for that crosswalk at an intersection bit, but I honestly don't believe that will play out.