Failure To Maintain Control Ticket.

[ldo]

This is in northern virginia btw

Basically this is what happened:

Was at a light trying to make a right turn. There was a guy infront of me, going like 20mph on a 35. Made a few stops like he didn't know where he was going. Then we make the right he comes to complete stop and goes to the far left lane. When I make that right i'm on the right hand side and speed up to pass him. As I pass him cop comes from about 1/8 of a mile away and pulls me over.

Gives me a ticket for Failure to Maintain Control, he said i ALMOST hit that guy. I admit i did accelerate pretty hard but what justification is that for the ticket?

Oh yeah and on the ticket he wrote my license plate wrong. by one letter.
He also forgot to give me my insurrance card back when he came back with the summons, i had to ask for it.

I think he was a new officer.

Fight it or Pay it? Should i get a lawyer?

 

[Just Blue]

Edit your post and remove your vile language and perhaps someone will respond. When you signed up for this site you agreed to the TOS.

 

[ldo]

sorry didn't mean to offend anyone. just was alittle agitated at the time

 

[racer72]

Nothing in your post suggest the citation is invalid or improper. The error was not an element for the stop, the ticket will not be dismissed because of it. I would suggest talking to a local attorney for guidance.

 

[David Jonathan]

what was the statute number on the ticket related to this offense?

--Dave.

 

[FlyingRon]

Fight it or Pay it? Should i get a lawyer?

If it is 46.2-853 you are charged under YOU SHOULD CONSULT A LAWYER. First off, you're not guilty of this I would think, and second it is one of the "reckless driving" offenses which are pretty serious in VA. The other option is to talk to the commonwealth attorney and see if you can get it swapped for something smaller (like following too close).

 

[cepe10]

you may want to get a lawyer or argue the case. The charge is vague and hard to support "beyond reasonable doubt" so there is something to work with.

If a car is impeding you are allowed to go around. and it sounds like you were in a separate lane.

The police officer should have charged the other driver with impeding and stopping in the travelway.

In any event the unusual circumstances and lack of any evidence (crash) and probably the officer not being in a great position as a witness will help your case to meet "reasonable doubt"

 

[colourfastt]

This is in northern virginia btw

Basically this is what happened:

Was at a light trying to make a right turn. There was a guy infront of me, going like 20mph on a 35. Made a few stops like he didn't know where he was going. Then we make the right he comes to complete stop and goes to the far left lane. When I make that right i'm on the right hand side and speed up to pass him. As I pass him cop comes from about 1/8 of a mile away and pulls me over.

Gives me a ticket for Failure to Maintain Control, he said i ALMOST hit that guy. I admit i did accelerate pretty hard but what justification is that for the ticket?

Oh yeah and on the ticket he wrote my license plate wrong. by one letter.
He also forgot to give me my insurrance card back when he came back with the summons, i had to ask for it.

I think he was a new officer.

Fight it or Pay it? Should i get a lawyer?

The cop did you a favour by writing the ticket for "Failure to Maintain . . .". VA has an 'agressive driver' statute that is MUCH harsher in fine and points, and based on what you posted that would have been the more appropriate charge.

 

[camdenle]

another good read on VA traffic reductions etc.

http://www.recklessdriving.net/virginia_reckless_driving.html