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  1. #1
    sunshineth is offline Junior Member
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    failure to control ticket in ohio

    What is the name of your state? Ohio

    My son received a failure to control ticket and I am trying to find a law as to why.

    He was driving to school at 6:15 am still dark. He was going between 45-50 which is the legal speedlimit. He came to the top of a hill and there was a newspaper delivery driver in his lane facing him. The headlights blinded him so he could not see if there was oncoming traffice so he swerved to the left to avoid hitting the driver head on. The driver did not have her flashers on, my son was sighted and the newpaper delivery driver was not.

    Is there a law in Ohio that says that the newspaper delivery driver can be left of center? Why was my son ticketed and not her??

    Thanks,
    t
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by sunshineth View Post
    What is the name of your state? Ohio

    My son received a failure to control ticket and I am trying to find a law as to why.

    He was driving to school at 6:15 am still dark. He was going between 45-50 which is the legal speedlimit. He came to the top of a hill and there was a newspaper delivery driver in his lane facing him. The headlights blinded him so he could not see if there was oncoming traffice so he swerved to the left to avoid hitting the driver head on. The driver did not have her flashers on, my son was sighted and the newpaper delivery driver was not.

    Is there a law in Ohio that says that the newspaper delivery driver can be left of center? Why was my son ticketed and not her??

    Thanks,
    t
    There is no legal speed limit in any state that is "45-50". Once you respond to that which the correct legal speed limit, and the statute number that your son was given, we will go from there. Also, what was the speed limit?
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  3. #3
    racer72 is offline Senior Member
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    Something else to consider. A posted speed limit is the maximum legal speed for ideal conditions. Anything that makes driving less than ideal requires a driver to slow to a safe speed. Darkness is one of the primary things that makes driving less than ideal. If your son had been driving a safe and reasonable speed, he likely could have safely stopped and would not have been cited.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

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  4. #4
    sunshineth is offline Junior Member
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    reply to questions

    The speed limit on the road that he was on was 50 miles an hour. He was charged with 4511.20.2.
    Thanks
  5. #5
    racer72 is offline Senior Member
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    [§ 4511.20.2] § 4511.202. Operating vehicle without reasonable control.

    (A) No person shall operate a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, or streetcar.

    (B) Whoever violates this section is guilty of operating a motor vehicle without being in control of it, a minor misdemeanor.


    Appears to fit the crime exactly based on your one sided description of the event.
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  6. #6
    LSCAP is offline Member
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    Fight the ticket.
    Go with your son, (it shows he is not hiding anything from you- A judge actually complimented my son for telling me about his ticket.)

    Let him explain to the DA that he was driving under the speed limit, and the truck was parked on the wrong side of the street with his bright lights on. And that he did not lose control, but avoided an accident.

    And with out being facetious he could add, “it’s a good thing he had lights on or I might not have seen him ‘cause it was still dark”.

    Don't get into complaining about the other vehicle. The DA would think you only want vengeance, not justice.

    BTW some states let the trucks park that way, as they unload.
  7. #7
    moburkes is offline Senior Member
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    I wouldn't say that he was driving under the speed limit, since, based on mom's original post, she didn't even know what the speed limit was. Also, she wasn't there, so, like racer stated, the post is very one-sided. But, it doesn't hurt to go to court with your son.
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  8. #8
    racer72 is offline Senior Member
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    Quote Originally Posted by sunshineth View Post
    The headlights blinded him so he could not see if there was oncoming traffice so he swerved to the left to avoid hitting the driver head on.
    Bolding mine. This is why is stated the description was one sided. How many vehicles of oncoming traffic had take evasive measures when he swerved into the other lane?
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  9. #9
    The Occultist is offline Senior Member
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    Quote Originally Posted by racer72 View Post
    Bolding mine. This is why is stated the description was one sided. How many vehicles of oncoming traffic had take evasive measures when he swerved into the other lane?
    My sentiments exactly! Swerving to the left places you in the WRONG lane of traffic, further endangering your own life as well as those who are driving appropriately in the opposite direction. Swerving to the right would seem like the logical, and safe, thing to do if swerving was indeed necessary.
  10. #10
    LSCAP is offline Member
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    Of course. He should have swerved to the right.

    Aha! Get rid of those nasty pedestrians on the sidewalk.

    Sorry. Couldn't resist that. Normally I agree 100% Swerving to the left puts you into a head on condition. And if you live after a headon collision, you are assumed wrong.

    And I taught my whole darn family, always try to stay to the right but, in this case the truck was most likely at the curb dropping off papers.
  11. #11
    sunshineth is offline Junior Member
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    Unhappy

    this was on a back county road. There was no curb for the newspaper delivery driver to be against. She was in a car. no flashers designating caution. You are right, if he went left he could have caused another head on collision trying to avoid the head on collision that he was up against to begin with. The only option was to go right. He came over the top of the crest of a hill and there she was. What was he supposed to do??? He didn't want to hit her head on, he didn't want to go in the other lane because her headlights were bright and he couldn't see if there was on coming traffic in that lane so he pulled right to avoid hitting her head on. Seems like the laws are one sided. All of you keep saying that my story is one sided. What should he have done? Hit her head on to prove that she was in the wrong lane, with no blinkers? Then if he would have killed her, he would be charged with vehicular manslaughter. Seems a little unfair, since she was in the wrong to begin with being on the wrong side of the road.

    This is a back country road, 2 lanes, no where to pulloff.
  12. #12
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    I was with you the whole time sun until you contradicted yourself. In your original post you stated that your son swerved to the LEFT to avoid the collision and then you changed your answer in the last post to say that he swerved to the RIGHT to avoid it. Which one was it? Where was the officer when this happened? Driving by or sitting doing some sort of radar check?
  13. #13
    sunshineth is offline Junior Member
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    I am sorry, you are absolutely right. I mistakenly said that he swerved to the left on the first post, but he swerved to the left.
  14. #14
    sunshineth is offline Junior Member
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    Concerning the officer, there was none around and it took over 30 minutes after the accident for them to arrive.
  15. #15
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    Once again, which way did your son swerve to avoid collision? You just said again that he swerved to the left but you said that you said it mistakenly. Which is it???

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