Careless Driving Citation with No Accident

**guaiguai99** · 02-26-2009, 07:16 PM

My question involves a careless driving ticket from the State of: PA

I got a careless driving ticket two weeks ago and I do not think I was driving carelessly. This is my first ticket and I do need any comments/suggestions/tips to help me fight it. Here is my story.

I am a female at the age of around 30. The other late night, between 11pm to 12am I think, I was driving on campus with two friends sitting in my car. It was snowing mixed with raining, not heavy. The temperature was about 32F. But since the precipitation lasted through the whole night (and sometimes in the daytime) the road was covered with snow, ice, and water. I drove slowly (under 30 mph) and very carefully since the road was slippery. There were very few cars on the road. I was stopped by a cop who gave me a ticket for careless driving. The statement he wrote on the citation was "def was traveling into the opposing lane with disregard for the oncoming traffic". According to what he said, he was traveling to the opposite direction (toward me) and I traveled into his lane and ALMOST crashed his car. I definitely did not think I was so close to any oncoming cars. And there were two facts: 1) He did not horn me; if I made him in such a dangerous situation, at least naturally he should horn me to avoid a crash; 2) He did pass by me, made a U-turn, and followed me. The road is a 2-lane road, one for each direction, and there is NO dividing middle line in the portion where he said I "was traveling into the opposing lane".

In addition to the possibility that the bad weather and road condition led to his misjudgement, I think there was another possibility. I do not know the exact position where he was when he judged me traveling into his lane. But it is not totally impossible that he was at the higher part of the road and I was at the lower part, and the lower part was kind of curved to the right when facing it from the higher position. In the snowing/raining dark night, this could also contribute to a misjudgement on my exact position on the road.

I do not have any court experience. I do not know what is the point I should focus on -- I was not careless or he misjudged.

I appreciate any help!

**Mr. Knowitall** · 03-03-2009, 05:05 PM

You can contest the ticket; but in court it's the officer's word against yours and he has the advantage. You can also try to negotiate a reduction of the ticket with the prosecutor.

**guaiguai99** · 03-04-2009, 08:12 AM

Thanks for answer Mr. Knowitall.
Do you mean it is unlikely that I can be judged as not guilty?
If I fight the ticket, what points are most helpful to me so I should emphasize them?

The date for trial was scheduled on Mar 27, but it was just rescheduled by the cop (or the judge?). Could there be other reason why the cop rescheduled the trial except he is unavailable that day?

**iknow26** · 03-21-2009, 08:45 AM

If there are no lines in the road then emphasize that to the judge and say he, the police officer, said i was in his "lane" and where is the lane if there is no dividing lines? also empahsize it was poor visibility and how can you he see where exactly you were driving as he came the other way? how far away was he from you when he first saw you?
also talk to the prosecutor before you appear. careless driving can be plea bargained to a lesser offense with no points. look up the statues in your state. fight it if they dont offer a lesser plea! bring your friends to back you up and testify if they can!