How to Fight 'Failure to Keep Vehicle in Control' Ticket

[BigKev]

My question involves a traffic accident in the State of: Wisconsin

Recently, I was involved in an accident. I was driving in the right lane, and a vehicle in the left lane suddenly drifted into my lane. This vehicle was moving at a definite unsafe speed, roughly 80 or more. 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.

Luckily, neither me or my passenger were injured, although according to my friend, I hit my head on the steering wheel and likely blacked out momentarily. I'm positive that I had a concussion, and even right now, my memory of the incident is somewhat fuzzy.

However, after the officers arrived, both me and my friend were asked about the accident and we both told the officer that we got cut off and landed in the median trying to avoid a collision. The other driver simply continued driving, and did not stop. No other witnesses stopped either.

Erroneously, I told the officer that I was going 70 (in a 65), which now as my memory comes back to me was clearly wrong. Both me and my friend remember there being a particularly slow trailer in front of us, going no faster than 65.

I believe that that is the only reason why I got slapped with a citation under 346.57, with the description failure to have control. I would need to have this ticket removed, however, for insurance reasons as well as the 4 points that it added to my driving record.

What would be my best defense for this case? 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 know that the officer will try to claim that I was driving too fast for the road conditions at the time, I know the following: 1) It was a clear and sunny day 2) In reality, I was going the speed limit 3) Even going 70 on this stretch of highway would be below the general flow of traffic. In addition, I was in no mental shape to answer that question at the time. I was shaken up and had a concussion.

If I were to go to my doctor and get medically confirmed for a concussion, would that help my case as well?

[Mr. Knowitall]

So your story at the time you spoke to the officer was that you were going at about 70 MPH, and you want to change that to claim that you were going 65 MPH because you were behind a slow trailer - and you claim that you were forced off the road by a vehicle that "cut you off" while driving substantially faster than you. You didn't remember the trailer initially because you bumped your head, and your friend didn't remember it either (for no apparent reason)?

Under your initial version it would seem possible that a vehicle could cut in front of you, but if it did so at 10 MPH greater than your own speed it's difficult to comprehend why you had to swerve. In your second story, with your following a slow trailer going at 65 MPH, it would seem that the vehicle that cut in front of you would have crashed right into the back of that trailer - what's the deal? And again, if the vehicle was going 15 MPH faster than you, why would you have had to swerve?

[jk]

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.

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 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.

we both told the officer that we got cut off and landed in the median trying to avoid a collision.

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.

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.

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.

and how many witnesses do you have that will testify to the phantom car cutting you off?

I'm positive that I had a concussion,

I don't know any doctor that will diagnose, positively, a concussion without tests. I doubt you have that ability either.