First Ticket!!! Should I Contest??? >>OHIO<<

[maverick1]

I have an Ohio license and the accident occurred in Ohio.

About the Accident:
I was on my way to work in the morning after it snowed the night before. Roads weren't so bad but they were wet and not snowy. I was driving behind another vehicle in a 45 MPH speed zone. To my knowledge I was probably driving at 25 MPH. The driver in front of me abruptly stopped his vehicle (an SUV) and I had no option to hit my brakes (I do not have ABS) and my car skidded and swerved off the road and hit a fire hydrant. Fortunately I and my wife did not sustain any injuries. I reported the accident and the cop gave me a "Failure to Control" citation with 2 points and a $110 fine.

By the way - the reason the guy in front stopped abruptly because of an emergency vehicle heading in our direction, about 200-300 yards away. I did not have a line of vision to see it when he stopped but after my car swerved off the road, I understood the reason the other guy stopped. Unfortunately nobody stopped so I don't have any witness (other than my wife).

I told him my part of the story but in his report he did not mention why I had to hit the brakes and why I swerved off the road. He just mentioned I lost control.

I have a 5 year violation free driving history and this is my first ticket. I am not sure if I should contest the ticket. I greatly appreciate any advice. What are the chances of getting my ticket waived if I contest it?

I was told that if I contest and the judge finds me guilty, I will have to pay court administrative charges in addition to the fine the judge decides.

Since this was a single vehicle accident, the insurance company recorded this as an "at fault" accident. If I contest it and the ticket is waived, is there any chance the insurance company will change it to "not at fault" accident?

Thanks in advance for your advice.

[racer72]

I did not have a line of vision to see it when he stopped but after my car swerved off the road, I understood the reason the other guy stopped.

Hmm, following too closely.

Unfortunately nobody stopped so I don't have any witness (other than my wife).

That's probably a good thing for you. Based on your story, it would be unlikely any witnesses would have helped your cause.

I told him my part of the story but in his report he did not mention why I had to hit the brakes and why I swerved off the road. He just mentioned I lost control.

The why you lost control is actually irrelevent. There was no negligence involved by the othe party, that person was driving in an overly cautious manner and you left yourself no room to manuever in an emergency situation. Considering the weather conditions you mentioned, saying the driver was overly cautious may be a bit harsh.

What are the chances of getting my ticket waived if I contest it?

Slim and none and slim just left town.

If I contest it and the ticket is waived, is there any chance the insurance company will change it to "not at fault" accident?

The outcome of challenging the ticket will have no bearing on determining the fault for the accident. In single car accidents, finding fault is awful easy.

Thanks in advance for your advice.

Your welcome.

[JETX]

Originally Posted by maverick1

The driver in front of me abruptly stopped his vehicle

He has that right. The obligation is on YOU to provide enough space for you to stop safely AT ALL TIMES and other ALL weather/road conditions.

the cop gave me a "Failure to Control" citation with 2 points and a $110 fine.

Based on your post, the citation appears to be valid.

I have a 5 year violation free driving history and this is my first ticket.

Not relevant.

What are the chances of getting my ticket waived if I contest it?

Since you have NO DEFENSE for the citation... zero.

If I contest it and the ticket is waived, is there any chance the insurance company will change it to "not at fault" accident?

No. The insurance company determination of fault has nothing to do with the courts action or finding.

[cepe10]

Without any witnesses against you Reasonable Doubt is not going to be hard to get. Give your story to the judge.

Have you wife testify to the behavior of the car in front of you.

Stopping and standing in the travelway is illegal and since the other driver presumably saw the emergency vehicle approaching he violated 4511.39 by failing to signal his intentions to slam on the brakes and pull over.



Make a motion based upon their being reasonable doubt that the unusual circumstance caused the accident. My bet is you get the dismissal. If not you also may get some sort if relief - reduction, probation etc.


§ 4511.22. Stopping or operating vehicle at unreasonably slow speed; minimum speed limit.

(A) No person shall stop or operate a vehicle, trackless trolley, or street car at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.


§ 4511.39. Turn and stop signals.

(A) No person shall turn a vehicle or trackless trolley or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.


When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle or trackless trolley before turning, except that in the case of a person operating a bicycle, the signal shall be made not less than one time but is not required to be continuous. A bicycle operator is not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the bicycle.


No person shall stop or suddenly decrease the speed of a vehicle or trackless trolley without first giving an appropriate signal in the manner provided herein to the driver of any vehicle or trackless trolley immediately to the rear when there is opportunity to give a signal.

[JETX]

Originally Posted by cepe10

Without any witnesses against you Reasonable Doubt is not going to be hard to get. Give your story to the judge.

Have you wife testify to the behavior of the car in front of you.

Ignore this idiot!!! From his post, it is clear he is not an attorney and has NO legal experience or knowledge. Some of his stupidity:
1) Your wife's statement will have little if any impact as she is NOT an impartial or unbiased 'witness'. In fact, there is nothing in your post to even suggest she has knowledge of the facts... for all we know, she could have been doing the crossword at the time of the incident.
2) The brake lights are sufficient 'notice of intent to stop'.

And guess what... contrary to what this idiot says, the actions of the other vehicle really have NOTHING to do with the citation you received. You were cited for FAILURE TO CONTROL. That really has nothing to do with the other vehicle.... YOU failed to drive in such a manner as to control your vehicle under the conditions at the time.

Though you didn't provide a specific citation number, if you were cited for:
§ 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.
You will notice it has NOTHING to do with the other vehicle.

[maverick1]

Hello everybody, I would like to thank those guys who replied.

Here is an update: After brooding over this issue for a while, I thought I will take a chance and contest the case. The worst that could happen anyways was me paying the same fine and getting the same points. The hearing was today.

I thought the officer might not show up but he did. The prosecutor called me and I told her what happened. She checked my driving history. Then she said that it was my responsibility to always have control over the vehicle irrespective of what other drivers do. Keeping in mind the weather conditions during the accident and my driving history, she offered to dismiss the case if I paid the court costs which I did.

[seniorjudge]

Originally Posted by maverick1

Hello everybody, I would like to thank those guys who replied.

Here is an update: After brooding over this issue for a while, I thought I will take a chance and contest the case. The worst that could happen anyways was me paying the same fine and getting the same points. The hearing was today.

I thought the officer might not show up but he did. The prosecutor called me and I told her what happened. She checked my driving history. Then she said that it was my responsibility to always have control over the vehicle irrespective of what other drivers do. Keeping in mind the weather conditions during the accident and my driving history, she offered to dismiss the case if I paid the court costs which I did.

Good thinking.

[Robbie0723]

Good for you Maverick1, it is almost always in your best interest to try for a reduction.

Thanks for letting s know how it worked out.

[cepe10]

Originally Posted by maverick1

Hello everybody, I would like to thank those guys who replied.

Good deal - glad it worked out.