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Road conditions reported improperly on traffic ticket

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diesel9

Junior Member
My wife hit a patch of "black ice" on an otherwise dry road the other day. The ice caused her to lose control of the car and slide into a guardrail and road sign. The Sheriff's Deputy on the scene issued her a citaion for "failure to control". The citation has several options for reporting the road conditions including dry, wet, and icy. The Deputy reported the conditions as wet instead of icy. The Deputy slid and nearly fell on the ice himself as he was placing warning flares on the road. He also summoned a salt truck to the scene. Clearly the Deputy knew the road was icy yet he reported the conditions as wet.

What are the possibilities of getting the case dismissed based on the inaccurate road condition report on the citation?

Although my wife clearly did "fail to control" there were extenuating circumstances (black ice on an otherwise dry road). Any chance of winning the cased based on the circumstances?
 


Zigner

Senior Member, Non-Attorney
Let's say the officer marked it icy. Then what? Are you saying that how the ticket was marked changed the facts of the accident?
 

diesel9

Junior Member
Let's say the officer marked it icy. Then what? Are you saying that how the ticket was marked changed the facts of the accident?
Nope, it sure doesn't. But that's not the point. The question is whether or not we have a chance of beating the ticket based on the fact that the officer innacurately stated (possibly even falsified) the road conditions on the citation.
 

Zigner

Senior Member, Non-Attorney
Nope, it sure doesn't. But that's not the point. The question is whether or not we have a chance of beating the ticket based on the fact that the officer innacurately stated (possibly even falsified) the road conditions on the citation.
It's ENTIRELY the point. The marking on the cite doesn't change the fact that she lost control of the vehicle.
 

diesel9

Junior Member
It's ENTIRELY the point. The marking on the cite doesn't change the fact that she lost control of the vehicle.
We aren't debating whether or not she lost control of the vehicle are we?

Once again the question, from a legal standpoint, does she have a chance of getting the case dismissed based on the extenuating circumstances and incorrect police report?

If you don't know there's really no need to reply, but thanks anyway.
 

FlyingRon

Senior Member
Do not get snarky with the posters. Generally, failure to control the vehicle is failure to control the vehicle. You are supposed to slow down or otherwise moderate your driving when there are adverse conditions be they wet or icy.

To make the point a little clearer. What is written on the ticket or the police report is not going to get you off regardless of whether it is correct or not. It isn't germane to your guilt and contrary to your imagination, there's no get out of jail free just because a cop screws up paperwork.

Now when you get to court, if the cop contends the road was wet, and you want to make the point that it was icy, you can bring that up. You can even ask if he slip and fell (or if you have a witness you can introduce that).

You can see if a kind hearted judge takes pity on you.

HOWEVER because you refuse to follow the rules of this site, we can't give you any better information because traffic laws are a state-by-state thing and rather you gratuitously deleted the "WHAT IS THE NAME OF YOUR STATE?" question the forum inserts in your opening post that you are expected to answer.
 

diesel9

Junior Member
All I did was ask if there is a chance that a traffic ticket can be beaten based circumstances surrounding the incident, in this case black ice, or on a technicality such as incorrect or false reporting of road conditions on the citation.

It is clear that my wife did "fail to control the vehicle. I never denied that fact. What is not clear (to me) is whether or not a judge will consider extenuating circumstances such as "black ice" on an otherwise clear and dry roadway.

Zigner seems to be of the opinion that she lost control therefore case closed. That's fine but I don't believe the situation is quite that black and white.

I am looking for responses from people with actual knowledge/experience in cases such as this. I think it's possible that Zigner does not fit this category.

As far as my deleting the state from my post, this is my first time posting to the website. I saw the question but accidently deleted it while posting. Chalk it up to my inexperience with the workings of this website. I assure you the omission was not "gratuitous". While state laws do vary there are probably similarities in the way such matters are handled by each state. I did not think the state was necessarily that important but since the question was brought up, it's Ohio.
 
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The Dude

Member
If I were you, I would fight the ticket by telling the judge about the black ice, and tell the judge that the cop called in a salt truck because it was so slippery. Not sure if you have anything to lose and you might save some dough on the ticket and a point on your driving record. Seems like the cop was a jerk for writing the citation, so he probably won't admit to slipping, but I assume he can't deny the salt truck being called in.
 

Zigner

Senior Member, Non-Attorney
If I were you, I would fight the ticket by telling the judge about the black ice, and tell the judge that the cop called in a salt truck because it was so slippery. Not sure if you have anything to lose and you might save some dough on the ticket and a point on your driving record. Seems like the cop was a jerk for writing the citation, so he probably won't admit to slipping, but I assume he can't deny the salt truck being called in.
Of course, THAT is nonsense. As I pointed out before, the lady committed the violation she is cited for.

MIGHT she get a sympathetic judge? Sure - but the cite is perfectly valid.
 

The Dude

Member
Of course, THAT is nonsense. As I pointed out before, the lady committed the violation she is cited for.

MIGHT she get a sympathetic judge? Sure - but the cite is perfectly valid.
There is no reason for your caustic attitude.

So, please explain why going to the judge and explaining one's story is nonsense? Personally, I think it's nonsense for you tell people not to give it a try, unless you can demonstrate how they will weaken their position by doing so. Instead, you have simply kept saying the cite is valid, even though that's not even what the original poster was asking about.
 

Zigner

Senior Member, Non-Attorney
There is no reason for your caustic attitude.

So, please explain why going to the judge and explaining one's story is nonsense? Personally, I think it's nonsense for you tell people not to give it a try, unless you can demonstrate how they will weaken their position by doing so. Instead, you have simply kept saying the cite is valid, even though that's not even what the original poster was asking about.
Did you even READ the OP?

Question: What are the possibilities of getting the case dismissed based on the inaccurate road condition report on the citation?

Answer: (See prior posts above - cite is valid)
 

The Dude

Member
Did you even READ the OP?

Question: What are the possibilities of getting the case dismissed based on the inaccurate road condition report on the citation?

Answer: (See prior posts above - cite is valid)
Yes, I read it. Did you? Just because a cite is valid does NOT mean a judge won't throw it out or reduce the fine. The OP was asking about the latter.
 

Zigner

Senior Member, Non-Attorney
Yes, I read it. Did you? Just because a cite is valid does NOT mean a judge won't throw it out or reduce the fine. The OP was asking about the latter.
Read it again - the OP asked if the error on the cite would cause it to be thrown out. It won't.

I never said the judge wouldn't have sympathy. However, if the judge DOESN'T have sympathy, it's because the lady actually committed the violation she's cited for. Get it? :rolleyes::rolleyes:
 

The Dude

Member
Read it again - the OP asked if the error on the cite would cause it to be thrown out. It won't.

I never said the judge wouldn't have sympathy. However, if the judge DOESN'T have sympathy, it's because the lady actually committed the violation she's cited for. Get it? :rolleyes::rolleyes:
§ 4511.202 in Ohio (Operating vehicle without reasonable control) states:
"(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."

The key term in (A) is "reasonable." Driving over a hidden unsafe patch of road does not appear to meet the conditions of reasonable control. Since the citation said "wet conditions," the officer incorrectly stated the material facts of the situation and those material facts are critical for determining if reasonable control of the vehicle was maintained.
 

CdwJava

Senior Member
You forget, the citation is NOT evidence, it is merely a charging instrument. The court will decide the issue on testimony, not the citation. The officer could have said dry and sunny, and it would have made little difference aside from putting the officer's observation skills in question.

When it goes to court, the defendant can point out the black ice and the judge can choose to dismiss. It may very well be law or policy that requires an officer to write a citation for any assigned fault in a collision no matter the mitigation. Or, it could be that the officer saw something that those of us who were NOT there did not see.
 

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