Re: Careless in South Dakota
These cases are pretty tough to defend and judges are skeptical of a "it's a faulty equipment" claim--oftentimes the conclusion in such cases is the driver in the rear vehicle did not keep a safe distance betweeen himself and the vehicle in front so as to be able to safely stop in time. But strange things do happen and the key is if you have compelling enough evidence that the malfunction was something you did not know about and reasonably could not have expected then you may be successful in defending the charge. Remember, you'll need the mechanic and any others who checked out the vehicle and who can testify it was a malfunction to actually testify at trial if you choose to fight it--and that may not even be the conclusion that they reach once they have checked out your vehicle. Aside from being objectionable, if you don't have the live witnesses there with respect to such an issue it is probably going to be very difficult to put on any type of a forceful case.
Re: Careless in South Dakota
I think having the repair bill with you will be very helpful but you're going to have to deal with the fact that you made no mention of the problem to the citing officer. Your story sounds legitimate so just be polite, assertive and sincere; you may get lucky.
Re: Careless in South Dakota
Hey, Chucky,
Welcome back.
Barry
Re: Careless in South Dakota