failure to control

[mkathyf]

Ohio. My son was sited for failure to control.... which I understand. I have a question on what type of defense he can use, because he feels very distraught over the ticket.
He and a friend were driving due east (2 lane road) when he came to a curve in the road. As he was rounding the curve a man (traveling west) turned in front of him to enter the parking lot of a business.
My son swerved to the left to avoid a head on collision (swerving to the right would have still caused him to hit the man and/or another object). When he swerved left and then tried to swerve right to correct his position, the back side of his car hit a telephone pole.
The man, who pulled in front of him, parked his car at the business, got out of the car, looked at my son and then proceeded to enter the business. He didn't even come over to see if the boys were OK. (I know that is more of an emotional issue)
I (reluctantly) understand the failure to control. (although there should be more gray areas)... but, it is my opinion that he did a fine job "controlling" his vehicle, so as to avoid a head on collision...hurting himself, probably his passenger and possibly the driver of the other car.
Yes, he himself admits that he was very lucky there was not another on-coming car, or the situation would have been much worse.
But, is there any logical or possible way to get this ticket dismissed or at least not have 2 points on his license?
Thanks for your reply.

[mkathyf]

.... one other thing.... when my son received the ticket, he made the comment that he should have not swerved and just hit the guy. the officer told him that if he had done that he still would have given him a ticket for failure to control. but, at that point it would have resulted in 1. my son's car would have had front-end damage, 2. both boys would probably have been injured, 3. the other driver's car would have been damaged 4. the other driver may have also been injured.
It seems it is a no win situation either way