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Old 08-05-2005, 01:41 AM
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Join Date: Aug 2005
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Angry

Failure to maintain vehicle control for nothing???


Fairfax, VA 1:00am

I was exiting the interstate and yielding to get on the route. Goal was to make a left turn after 3 traffic lights. I noticed my left view mirror was a bit off so I turned my head to check if the lanes were clear. I saw the vehicle. I signaled and changed lanes. I also remember the first light just turned orange as I was going beneath it. I was the head vehicle on that lane. No cars in front. I glanced down to see where my automatic mirror adjuster was after I changed lanes. I just had to bring it up. It took 2 secs. I passed the 2nd light. Thats when I saw the bright sirens on my rear view mirror. Being absolutely clueless as to why I was being pulled over except maybe I was a potential DUI suspect (It was 1am and there were bars around the area)...I pull over. I had my license and registration ready. Officer walks over and takes my license and registration without saying anything. Comes back after ten minutes and tells me " you did not signal when you changed lanes." (I did but when an officer tells you didnt, you didnt...) I was in doubt (i didnt??) I explain to the officer what I was last doing before she pulled me over-readjusting my left view mirror and maybe that's why I did not signal. (I am still confused and trying to grasp what she was accusing me of..) She goes away for another 10 min. She comes back and issues me a ticket for "failing to maintain control of vehicle." "Umm, officer, you're issuing me a ticket b/c I cut you off?" Officer responds, "you really have no idea who you cut off do you? you cut off the car that was in front of me. You could've agitated the driver. It was like 5in behind yours. And b/c you admitted that you were readjusting your mirror while you were driving, that's like talking on the cell phone and driving. You have to look only at the road. You've failed to maintain control of your vehicle."
Wha wha whaaat????? The more I think about this, I dont think this is a fair ticket. If the basis for my forced stop is b/c she did not see me signal, she is not correct b/c I signaled. The officer may have missed seeing it because she was behind another vehicle that was close to mine. If the officer is correct and it was really "5in" behind mine, it may be due to the driver's attempt to beat the red light. I saw the vehicle directly before I changed lanes. I controlled my vehicle. I did not swerve or run another vehicle off the street. I'm getting ticketed b/c I told the officer I looked down for a sec to fix my left view mirror? Please advise. What can I do? I do not want to pay $87 plus get points on my record. It's also the principal. To be fined for something that does not make sense to me. I plead not guilty. Court date is on Sept 12/05. Thank you...

Last edited by biofeel; 08-05-2005 at 01:55 AM.
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Old 08-05-2005, 05:35 PM
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Join Date: Jul 2005
Location: nc
Posts: 753
First check the actual law. In some states it is, “ While driving a motor vehicle you must maintain control of your vehicle at all times while driving at a speed that is safe and prudent.”

Its almost a catch all.

But if you go to the library and check the section or law, and past dispositions, you might find some help. It should tell you some of the things that the cop needs to show “fail to maintain control” and what things don’t count.
in other words if all you did was cut someone off, then you should have been given "unsafe lane change" BUT Dont suggest that.lol
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