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  1. #1
    Join Date
    Aug 2006
    Location
    OH
    Posts
    2

    Question One-vehicle accident, nobody's hurt -- can citation be minimized/fought?

    Hello everybody,
    we were involved in a one-vehicle accident recently where we were driving in a Very heavy rain on a highway (speed limit 60); sp. limit was 50 in that zone due to construction (they were stripping the road and the surface was uneven).
    We were going 30-35mph; low visibility; the car hit a puddle (road conditions), started hydroplaning, spinned a few times , hit a metal rail guard on the right , and flipped on its side.
    --We were all sober, wore seat belts, used extreme precautions, and sustained minor soft tissue injuries (no med. attention).
    --The car is being declared a total loss.
    --No other car involvement/ property damage.
    --The metal guard rail has a dent (about 3 ft long?)

    We were cited for a "failure to control vehicle".

    The question: given all circumstances, is it possible to fight this ticket ? (we can pay the fine...) in order to avoid 2 points on the CLEAN CDL license.. to keep it off the record somehow.. We're being punished enough with the insurance deductible and the car loss..and insurance rates going up.. Do we have strong evidence of NOT being careless? (construction, driving below limit, weather..)
    Thanks so much for any advice...

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: One-vehicle accident, nobody's hurt -- can citation be minimized/fought?

    Quote Quoting ankasny
    View Post
    Hello everybody,
    we were involved in a one-vehicle accident recently where we were driving in a Very heavy rain on a highway (speed limit 60); sp. limit was 50 in that zone due to construction (they were stripping the road and the surface was uneven).
    We were going 30-35mph; low visibility; the car hit a puddle (road conditions), started hydroplaning, spinned a few times , hit a metal rail guard on the right , and flipped on its side.
    --We were all sober, wore seat belts, used extreme precautions, and sustained minor soft tissue injuries (no med. attention).
    --The car is being declared a total loss.
    --No other car involvement/ property damage.
    --The metal guard rail has a dent (about 3 ft long?)

    We were cited for a "failure to control vehicle".

    The question: given all circumstances, is it possible to fight this ticket ? (we can pay the fine...) in order to avoid 2 points on the CLEAN CDL license.. to keep it off the record somehow.. We're being punished enough with the insurance deductible and the car loss..and insurance rates going up.. Do we have strong evidence of NOT being careless? (construction, driving below limit, weather..)
    Thanks so much for any advice...
    I don't think you have a strong case, since you are guilty.

    [ 4511.20.2] 4511.202. Operating vehicle without reasonable control.

    (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.
    Others may have a different opinion.

  3. #3
    Join Date
    Aug 2006
    Location
    OH
    Posts
    2

    Default Re: One-vehicle accident, nobody's hurt -- can citation be minimized/fought?

    well, I thought - we WERE operating with reasonable control (well below speed limit, maintained safe distance, didn't brake OR accelerate when started spinning, held on tightly to the wheel - what else?);

    what about wheather conditions and construction?

    thank you..

  4. #4

    Default Re: One-vehicle accident, nobody's hurt -- can citation be minimized/fought?

    You need to do everything you can to keep an at fault accident off your record. First you have to beat the ticket and then you have to deal with the the DMV which is likely to list it as an at fault accident even if the ticket is dismissed. The officer's testimony can be limited since he did no witness the accident and probably is not trained to offer an opinion on its cause. Since your job depends on a clean license you should retain an attorney.

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