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  1. #1
    Bane is offline Junior Member
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    Inattentive Driving: What to do?

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

    So I'm looking for any advice that I can get, and I really appreciate any help in advance. Hopefully I got I'm posting this in the right section too.

    So I was driving home Sunday night, around 10:00 pm on a country road. I went around a curve and I saw a deer, so I instinctively swerved my vehicle to avoid being hit (in hindsight, a bad idea). My car went into a ditch and collided with a power line, which toppled it. It was a mess for firefighters and police officials because of the live wire around. Luckily, my friend and I were both uninjured and walked out alive.

    I told the officer at the scene I was going about 50 mph (speed limit 45) and she told me that I was going to be getting a ticket for inattentive driving. Her reason being that I couldn't do that much damage going the speed limit. But to be honest, I feel like hitting any pole at 45 mph would be enough. (I didn't touch the brake until I realized what was happening and by then it was too late, it caught gravel and didn't do anything). Before anyone asks, I wasn't being distracted by any device, the court can check my records if they want.

    Now I don't know what that means per say, but my aunt thinks that if I get charged that I'll have to pay for the entire transformer. I'm 18, and have liability insurance. Both my parents are unemployed and can't afford to have to pay for it.

    What would be the best option to do? I've been told I should plead mercy in court, and then the electrical company wouldn't be able to pin it against me. I've never had any fines/points before.

    Again, thanks for any advice.

    **Edit: I should add in that my vehicle was announced totaled at the scene.
    Last edited by Bane; 03-28-2011 at 11:42 PM.
  2. #2
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by Bane View Post
    I told the officer at the scene I was going about 50 mph (speed limit 45) and she told me that I was going to be getting a ticket for inattentive driving. Her reason being that I couldn't do that much damage going the speed limit. But to be honest, I feel like hitting any pole at 45 mph would be enough. (I didn't touch the brake until I realized what was happening and by then it was too late, it caught gravel and didn't do anything). Before anyone asks, I wasn't being distracted by any device, the court can check my records if they want.
    Your speed may not be as relevant with regards to an "inattentive driving" citation. What code section (number) were you cited for?

    Quote Originally Posted by Bane View Post
    Now I don't know what that means per say, but my aunt thinks that if I get charged that I'll have to pay for the entire transformer. I'm 18, and have liability insurance. Both my parents are unemployed and can't afford to have to pay for it.
    Report the matter to your insurer. that should cover the transformer replacement.

    Quote Originally Posted by Bane View Post
    I've been told I should plead mercy in court, and then the electrical company wouldn't be able to pin it against me. I've never had any fines/points before.
    You guilt or innocence of the "inattentive driving" charge has little impact if any on your liability to the electric company.

    Quote Originally Posted by Bane View Post
    **Edit: I should add in that my vehicle was announced totaled at the scene.
    And since you only had liability insurance, you're on your own with that one. Your insurer is not going to cover your vehicle damages.
  3. #3
    Maestro64 is offline Member
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    Yeah always hit the deer, even though animal rights people would tell you otherwise, if you hit the deer and have comprehensive insurance they would have paid all the damage even if you had gone off the road and hit the pole.

    On the matter of the ticket, it a catch all ticket, the officer can sight any number of reasons to justify the ticket, in your case the accident justifies the ticket, i.e. lack of attention caused the accident. Also the officer most likely wrote down your statement about your speed. Lastly, even if you hit the deer and the police came they would have written a similar ticket.

    The officer comment about the speed and the damage is not relevant, they are not an expert, they have not clue how much force it would take to snap a pole. I have seen cars hit a tree the size of the electrical pole at 100 MPH and rip the car apart and the tree barely had any damage. I also seen cars hit a electrical pole at 20 MPH and the pole snap off especially ones with a transform on them since they are top heavy.

    These tickets are generally are hard to beat since they are subjective at best, also today it is standard operating procedure to issue a ticket at ever accident. Generally an accident is something that may not have been avoidable, however, the government is more interested in assigning blame and making sure they collect money from you.

    You could fight the ticket, and if the officer is a no show then you could most likely get it dismissed. A lawyer can most likely win this for you. Consider this, yes the lawyer will cost money, but far less then what your insurance will increase due to the accident and ticket.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Bane View Post
    ... I saw a deer...
    Prove it .
  5. #5
    Bane is offline Junior Member
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    Quote Originally Posted by I_Got_Banned View Post
    Your speed may not be as relevant with regards to an "inattentive driving" citation. What code section (number) were you cited for?
    Here's the thing. The sheriff on scene said I was going to get one, and that she'd drop it off the next day. But i still haven't received one, so I can't say exactly. I appreciate the advice.


    Quote Originally Posted by Zigner
    Prove it
    Yeah, thanks, you're a lot of help.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Bane View Post


    Yeah, thanks, you're a lot of help.
    No problem, I'm glad that you understand why your claim of a phantom deer in the road may not help you get out of this ticket.
  7. #7
    Bane is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    No problem, I'm glad that you understand why your claim of a phantom deer in the road may not help you get out of this ticket.
    Because a deer on a country road in Wisconsin is extremely uncommon. I understand however, that they could take that viewpoint, but I highly doubt they would.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by Bane View Post
    Because a deer on a country road in Wisconsin is extremely uncommon. I understand however, that they could take that viewpoint, but I highly doubt they would.
    I'm just playing devil's advocate here. I'm glad you got it all figured out. Good luck.

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