Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default Careless in South Dakota

    I currently own two cars. i began workin on one the day prior. so i began to drive my other car, its over 11 years old and has been sitting for about 4 months hasnt been drivin.

    Last night was the first time I drove it. I was on my way over to a friends house when I stopped at a four way flashing red light intersection and then proceeded on my way. Ahead of me there was another vehicle but because we both had to stop there was some distance between us (quarter to half a block). As I accelerated i glanced down and my speedometer and looked up at him. I saw his brake lights flash on quick along with his blinker. So i began to lightly press in my brake thinking he was gunna turn. well there was an on coming car so he ended up pressing on his brakes again waiting for the car to pass. I started pressing mine in harder and harder but its like there wasnt anymore stoping power being applied.(like most cars when you slamm on your brakes the tires lock up right away) My tires barely even squeelled when i had my brake petal pushed all the way down as hard as i could. I ended up rear ending him with very minor damage to either vehicle. The officer asked me what happened and i told him looked down at my speedometer and looked back up saw him slowing down and slammed on my brakes. So he ended up giving me a careless driving ticket. I then drove off and started thinking about the hole thing and why i didnt stop in time. There was no reason why I didnt, I had plenty of distance and time. I then slammed on my brakes a few times and actually noticed the problem.

    I called my machanic to have him look at/fix the brakes tomarrow. we think its either the master cylander or the brake fluid getting to much moisture in it from sitting so long. And when it gets fluid in it the amount of pressure that is applied to your brakes begins to decrease.

    Prior to the need of slaming on my brakes i never would have been able to tell that there was a problem. Because how often durning normal driving conditions do u need to slam on you brakes? I plan on bringing in the repair bill with a detailed write up, from my mechanic, explaining what happens when these things go out/leak.

    Do I have any chance of fight this ticket? I plan on fight it but I need help in doing so. any advice or comments would be awsome

    Thanks,
    Cory Dyer

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default 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.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default 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.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Careless in South Dakota

    Hey, Chucky,
    Welcome back.
    Barry

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Careless in South Dakota

    Thanks, Barry!

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Shoplifting South Dakota
    By Andyman741 in forum Criminal Charges
    Replies: 1
    Last Post: 09-17-2009, 12:19 PM
  2. Careless Driving: Careless Driving Passing in South Dakota
    By BIGCDOG in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-28-2008, 05:05 PM
  3. Emancipation: Emancipation In South Dakota
    By ssconfused in forum Juvenile Law
    Replies: 1
    Last Post: 01-05-2008, 02:18 PM
  4. Careless Driving: Careless Driving in South Dakota
    By towpher in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-11-2007, 08:33 PM
  5. Expungement and Sealing: Expungement in South Dakota
    By Wicker in forum Criminal Records
    Replies: 11
    Last Post: 06-23-2006, 06:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources