Failure to Use due care and caution resulting in an accideny

[o4x]

What is the name of your state (only U.S. law)? Michigan

I was cited for failure to use due care in caution a couple weeks ago. I was driving at the posted speed limit when I was aggressively passed and cut off then the other driver applied brakes. I hit mine and realized I would not have time to stop so I released slightly to regain steering and veered for the opposite ditch(woods instead of a house). I hit the edge of the guard rail and flipped my truck. The other vehicle kept driving. I walked away and because I could not positively identify the vehicle and because I was the only car with no damage I was going to call AAA and get it towed home. However someone else called 911 before I could get AAA and they arrived with ambulances and police. I gave my statement to both EMT and the officer. I was handed the ticket told if he hadn't written one for an incident of this magnitude the supervisor would ask questions. I intend to contest the ticket as not guilty. While I did cross the center line and go through a guard rail there were extenuating circumstances beyond what I could for see. Thus I was careful and my driving was prudent for the situation. I realize I sit at a disadvantage but its all I can do. Any advice?

 

[HighwayMan]

What are you looking for exactly? Seems like you have two choices:

1) hire an attorney to deal with this in court

2) go to court and make your case as best you can in front of a judge

It might be worthwhile to at least consult with a local attorney to get an idea of what you're up against.

 

[HighwayMan]

By the way, it sounds like there may be a little more to the story then you're telling us.

 

[Bali Hai]

By the way, it sounds like there may be a little more to the story then you're telling us.

You mean something like OP may have responded to the aggressive driver with aggression? It's time cops start nailing aggressive drivers and preventing accidents like this instead of Monday morning quarterbacking.

Nobody is safe on the highway anymore because cops are not doing their job.

 

[o4x]

yes I am a teen driver so aggression would be assumed. However in this instance I did not. I did not accelerate/downshift/swerve when passed. I don't know if the other driver intended to turn or something and misjudged the distance, didn't like my truck, or something else, but I used as much due care and caution as I could. If I had wanted to be aggressive I would've hit him. As far as a lawyer is concerned, is it worth it? As it stands I face $160 fine and 2 pts. I have no previous tickets or incidents so I believe at very least I can get the points dropped, possibly with a class. The biggest concern is this extends my license probation until next February because I received a moving violation in conjunction with an accident on the police report. My hope was plead guilty, get the charges dropped, go to the police and get my record expunged so I can go to the SOS with a clear record and have my probation dropped. Does anyone have experience with extended probation in MI? As I said I have no incidents to this point. Anything else you believe I may be hiding that I can clear up?

 

[HighwayMan]

I have no previous tickets or incidents

I should hope not if you're only a teen driver.

...so I believe at very least I can get the points dropped, possibly with a class...

And you know that's how it works in Michigan?? Even with probationary drivers?

My hope was plead guilty, get the charges dropped...

If you plead guilty that means you would be convicted - how does that equate to having the charges "dropped"?

...go to the police and get my record expunged

Why do you think the police have anything to do with this?

Expunged? We're not talking about criminal court here. Motor vehicle convictions do not get "expunged" or go away.

 

[Just Blue]

You mean something like OP may have responded to the aggressive driver with aggression? It's time cops start nailing aggressive drivers and preventing accidents like this instead of Monday morning quarterbacking.

Nobody is safe on the highway anymore because cops are not doing their job.

Did you actually read the thread before posting? No? Okay.

And how many police officers/State Troopers do you think are needed to keep up with the 100K's of aggressive/bad/drunk drivers? A lot more than we have. So we should hire some more...OH!! BUT WAIT!! No one wants to pay for it!! God forbid our taxes go up a bit for public safety!!

 

[o4x]

I apologize. I lost the not in the edit. I'm pleading not guilty. Expunged refers to the official police report. According to SOS I can get the moving violation removed from the report and then my probation goes awa . The only reason I'm concerned about probation is insurance

 

[Bali Hai]

Did you actually read the thread before posting? No? Okay.

And how many police officers/State Troopers do you think are needed to keep up with the 100K's of aggressive/bad/drunk drivers? A lot more than we have. So we should hire some more...OH!! BUT WAIT!! No one wants to pay for it!! God forbid our taxes go up a bit for public safety!!

How many police officers does it take to get the job done? As many as it takes. You seem to be settling that it can't be done. If that's the case then fire them all and let anarchy rule.

 

[Just Blue]

How many police officers does it take to get the job done? As many as it takes. You seem to be settling that it can't be done. If that's the case then fire them all and let anarchy rule.

That's right Bali. There should be a cop for every motorist on the road...

 

[AdoptADog]

I am curious how all this came about when you had no damage to your truck? How can you flip a vehicle after hitting a guard rail, need a tow (you mentioned AAA), say the officer said, "an incident of this magnitude," and not have any damage?

I am baffled.