Failure to drive with due care but no accident? Stand a chance in court?

[yang83]

St. Paul, Minnesota

I received a citation in early March for "Failure to drive with due care" while driving to work on a 30 mph residential road. There was snow/slush on the ground and I was driving at 20 to 25 mph, leaving about 20 to 25 feet of distance from the car ahead. The vehicle ahead of the one in front of me stops for a yielding left turn and the guy in front of me steps on the brakes, I step on the brakes as well but my car slides forward since its slushy and we were on a slight slope. Since there was no shoulder (piled up with snow) and a car close behind me as well, I thought the best thing to do was steer my car over the double stripped medium a bit to try avoid back ending the car in front of me and having the other guy behind me ram into my car. It so happens that one of the car on the opposite direction was a cop who had to steer to his right a bit to avoid me. Thankfully there was no accident and I was able to fully get back onto my lane. I drove for 2 blocks before seeing the cop make a your turn in my rear view mirror to pull me over.

My question is, would I win in court if plead not guilty? I don't want this on my record and believe I was taking precaution and due care like I do every morning to work throughout the winter to avoid an accident.

Any help/answer is much appreciated, thanks!

Dave

 

[FlyingRon]

It looks like you were driving too fast/following too closely for conditions. Even in dry conditions you would have been well advised to leave 72 feet (two second rule) between you and the car in front of you at 25 MPH.

 

[justalayman]

My question is, would I win in court if plead not guilty?

very unlikely since you are in fact; guilty.

Subdivision 1.Duty to drive with due care. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

Ya see, you didn't avoid an accident, the cop did. You were the one that was heading right into an accident.

 

[Zigner]

St. Paul, Minnesota

I received a citation in early March for "Failure to drive with due care" while driving to work on a 30 mph residential road. There was snow/slush on the ground and I was driving at 20 to 25 mph, leaving about 20 to 25 feet of distance from the car ahead. The vehicle ahead of the one in front of me stops for a yielding left turn and the guy in front of me steps on the brakes, I step on the brakes as well but my car slides forward since its slushy and we were on a slight slope. Since there was no shoulder (piled up with snow) and a car close behind me as well, I thought the best thing to do was steer my car over the double stripped medium a bit to try avoid back ending the car in front of me and having the other guy behind me ram into my car. It so happens that one of the car on the opposite direction was a cop who had to steer to his right a bit to avoid me. Thankfully there was no accident and I was able to fully get back onto my lane. I drove for 2 blocks before seeing the cop make a your turn in my rear view mirror to pull me over.

My question is, would I win in court if plead not guilty? I don't want this on my record and believe I was taking precaution and due care like I do every morning to work throughout the winter to avoid an accident.

Any help/answer is much appreciated, thanks!

Dave

The description of the incident is pretty much the definition of what you are charged with...

 

[yang83]

Thanks for the response.

To avoid any further cost and wasted time, I just went the deal the county gave me, which was to cut it down to a petty misdemeanor and 50 bucks. The $76 court service fee was ridiculous though for the amount of time I spent sitting and waiting to speak to someone.

 

[musicman654321]

It looks like you were driving too fast/following too closely for conditions. Even in dry conditions you would have been well advised to leave 72 feet (two second rule) between you and the car in front of you at 25 MPH.

The two second rule means nothing. Any "rule" as far as a suitable distance to maintain would require examination of the two vehicles' involved ~ would require some engineer to examine.

I don't see the officer being able to testify that the vehicle was following "too closely" w/o laying a foundation for such a statement .. which they won't.

Cop says "followed to close", object & motion to strike - win every time. Its a legal conclusion w/o any foundation.

I see nothing wrong per what the OP stated.

 

[FlyingRon]

The two second rule means nothing. Any "rule" as far as a suitable distance to maintain would require examination of the two vehicles' involved ~ would require some engineer to examine.

I don't see the officer being able to testify that the vehicle was following "too closely" w/o laying a foundation for such a statement .. which they won't.

Cop says "followed to close", object & motion to strike - win every time. Its a legal conclusion w/o any foundation.

I see nothing wrong per what the OP stated.

He wasn't cited for violating the non-statutory two second rule.
I was just pointing out his own testimony was hardly exculpatory.
The assertion by the police will be that the fact that he had to drive into the other lane because he could not stop WAS the failure to exercise due care and that his own argument that 25' was plenty was spurious even in good conditions.

As for your last statement, it is, of course, nonsense. "Object and motion to strike" will not win every time, I doubt it will win even once.