Re: How to Fight 'Failure to Keep Vehicle in Control' Ticket
regardless of all the things K would like to know (and yes, they are important in the big picture), I would like to know how what you describe is even possible.
I had to quickly swerve to the right to avoid hitting him, and then back to the left to regain position on the road. However, as a result of this, i ended up in the center median.
I can see having to pull to the right but once you realized the vehicle did not and was not going to hit you, how did you go from the right hand side of the road, across 2 lanes of traffic and into the median? It is obvious you did not have control of your vehicle.
that is obviously not true. You said the phantom car was to your left so in avoiding the collision, you would surely not end up in the median.
we both told the officer that we got cut off and landed in the median trying to avoid a collision.
Not saying this is what happened but this sounds like a perfect description of what would happen if you fell asleep, drifted to the right, woke with a startle and jerked the steering wheel to the left to avoid hitting a guardrail or running off the road.
and how many witnesses do you have that will testify to the phantom car cutting you off?
I know clearly that the accident was not my fault, and could be considered a hit-and-run with an "Unsafe Lane Deviation" on the part of the other driver.
I don't know any doctor that will diagnose, positively, a concussion without tests. I doubt you have that ability either.
I'm positive that I had a concussion,
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.