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Improper Backing

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DB1986

Junior Member
What is the name of your state (only U.S. law)? Ohio
I was backing out of my driveway was hit and I got a ticket. First I had got completely out of my driveway, completely stop and into drive before she hit me. She was coming up a straight grade and has ABS breaks. She hit me in the rear right with her front left. She hit me so hard that it bent my frame and hardly any damage to her car.
 


DB1986

Junior Member
Am I at fault just because I had backed out of my driveway. I wasn't in reverse I was in drive when she hit me.
 

CdwJava

Senior Member
You can refute the citation at court, assuming that the citation was for the improper or unsafe backing. if you can convince a judge that you did, indeed, act prudently, safely, and lawfully, the judge may well decide that you are not guilty of the offense.

You might consider reading the collision report to find out how the officer came to this determination as there may be more to it.
 

CdwJava

Senior Member
Am I at fault just because I had backed out of my driveway. I wasn't in reverse I was in drive when she hit me.
You can be, sure. It depends on factors we do not know ... how fast were you backing? How fast was the traffic lane? How good was the visibility (obstructions, weather, etc.)? What lane were you in and how were you positioned? Perhaps you backed across two lanes of traffic?

What code section were cited for violating?
 

DB1986

Junior Member
The ticket is for improper backing. The report say I backed into her. If I backed into her won't she have hit me it the right side(driver side)?
 

cyjeff

Senior Member
You need to know the size of the hill you are climbing.

In almost every case, the person backing out was 100% at fault. Just because you managed to get the stick to "D" doesn't mean you weren't blocking the road.

Now, having said that, I agree with Carl.... check the police report as to why the officer came to that conclusion.
 

CdwJava

Senior Member
The ticket is for improper backing. The report say I backed into her. If I backed into her won't she have hit me it the right side(driver side)?
Okay ... it is for "improper backing" ... but, there should be a code section associated with it (some numbers and, perhaps, letters). It is that code section which will say specifically what elements the state has to prove to find you guilty. Without that code section, we can only guess.

As to who did what, without a diagram it is impossible for us to say who did what. I am the primary collision investigator for my agency and I can't make any opinion based on what little info you have provided.

So, at this point, you should take photos of the scene, photos of the damage, and come up with the best graphic display - perhaps on charts or boards - so you can present the case to the judge to try and show what you did and why you are not guilty of backing into the other car.
 

CdwJava

Senior Member
This is the only section I could find in the ORC that best fits the description:


4511.38 Rules for starting and backing vehicles.

(A) No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.

Before backing, operators of vehicle, streetcars, or trackless trolleys shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.

No person shall back a motor vehicle on a freeway, except: in a rest area; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004​
The state must show that you violated this section.
 

DB1986

Junior Member
Improper backing

the code is 4511.38
Pavement Dry, Visibility Clear, Weather No Adverse, Traffic Light. I had a clear veiw in the direction in with she was coming she was not on my street when I strated backing out, she came out of no where and even said she did not see me. My mom has tried 3 times at different speed and could stop 2 out of the 3 time. The 3rd time she was going 50 MPH not 35 MPH.
 

cyjeff

Senior Member
the code is 4511.38
Pavement Dry, Visibility Clear, Weather No Adverse, Traffic Light. I had a clear veiw in the direction in with she was coming she was not on my street when I strated backing out, she came out of no where and even said she did not see me. My mom has tried 3 times at different speed and could stop 2 out of the 3 time. The 3rd time she was going 50 MPH not 35 MPH.
Do NOT mention your tests in a court of law.

You are not qualified to make the tests nor allowed to speed to validate your hypothesis. All your mom would be doing in open court is admitting to her own violation.

Please stop this behavior, NOW. Speed limits are there for a reason and for your mom to disregard her safety and the safety of other drivers to gather evidence to get out of a minor ticket is stupid to the point of madness.
 

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