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Old 06-12-2001, 11:33 PM
JokazWild
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I was recently in an accident in which my car was driven into a ditch. I got a ride home from a friend. I was later contacted by an officer who came accross my car later that day. The officer riffled through the contents of my car and cited me fo failure to have control of a vehicle. The following Wisconsin state statute was cited in the ticket along with a city ordinance which is not published on the internet.

My question is can I be cited for this violation if the office never actually witnessed the accident. Also the only evidence he has of my accidents is what I told him on the phone. There were no other witnesses he contacted. In addition the ticket falsley stated my VIN and color of the car.

Any suggestions?

Thank you for your time.

346.57(2)
(2) Reasonable and prudent limit. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and using due care.
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Old 06-13-2001, 12:13 PM
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The officer found your car in a ditch. How much more proof does a person need?
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  #3  
Old 06-14-2001, 02:10 AM
cassiesno
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Wink

I am certainly not an expert, but I would fight this ticket.
The fact you were in a ditch does not prove you were exceeding the limit nor driving imprudently. Lesson #1: if the cop calls, tell him nothing and that is your right. Did you swerve to avoid a precious puppy suddenly in your path? Whatever you told the officer over the phone can be used against you. The ticket may be contestable due to incorrect identification information. See Geolaws.com And much luck to you.
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