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  1. #1
    Join Date
    Apr 2007
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    7

    Default Careless Driving in South Dakota

    Hey there,

    I'm considering fighting a Carless Driving ticket I recently recieved follwing an accident. I'm 18 years old and I have been driving for four years ticketless/accidentless.

    Here is what happend:

    At approximately 4:00p.m. I was traveling 10 m.p.h. east down an alley. Upon meeting the intersection of Douglas Street, I stopped and looked to my left to check for oncomming traffic, however my vision was blocked by a Dodge Pickup truck and a line of 3 other vehicles parked up the street. I checked to my left and there was no oncomming traffic. I slowly proceeded into the intersection beacuse I couldn't see around the Dogdge pickup. A second later I was hit on the driver side near the tire. THere was major axel damage and quite a bit of body damage as well. I was legalally at fault beacuse I pulled out infront of the person. I was then cited with a 94 dollar fine for Careless Driving. Although I admit fault, how was this being careless? I stopped prior to entering the intersection and checked the area for oncomming traffic to the best of my ability.

    My car, not being worth more than 2,500 dollars, was totalled out by the insurance company. My car recievied significant axel and body damage and possibly engine problems. The other car ended up with a few scratches on the bumper and a broken headlight. The other driver was not cited with anything.

    It happend in a small, rural community where town cops rule the earth. My boss is the city engineer, and when talking with the police chief about my incident the chef said something along the lines of "That's what you get when a kid doesn't look." It was his impression that the police chief would show up and testify against me. It seems to me that the Chief is trying to teach some "punk kid" a lesson.

    A member of the city council has proposed putting a no parking stall near where my accident occured because it is a blind intersection and potentially hazardous to anyone using the alley. THe motion failed beacuse parking is limited near Main Street the way it is.

    The woman who hit me happends to be a classmate of mine, and as offered to testify on my behalf against the ticket stating it was blind and we couldn't see eachother.

    Here is the Definition of Careless driving:

    32-24-8. Definition of careless driving--Misdemeanor. Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in § 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor.

    Is this worth fighting?
    If the cop doesn't show up, will the court rule in my favor?
    If the cop does show up, and it's his word vs. mine will he win?
    If I win, do I pay court costs? How much are court costs? If I loose, Do I pay court costs? Do I hire a lawyer?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Careless Driving in South Dakota

    I don't understand -- did the cop witness the accident? If not, he cannot testify about ANYTHING, except what YOU SAID at the scene. He cannot even testify about what your classmate said (you must object if he tries). Your classmate would be the one who has to testify against you. My guess is that if she doesn't show up, the case might be dismissed.

    If she does show up, her testimony about it being "blind" won't help you very much by itself. Do you have evidence that there was a proposal by the city council to "fix" the intersection (minutes of the council meeting would be best)? If so, bring that to court. Her testimony along with the evidence of the proposal might get your charge reduced to, say, improper driving or even something less.

    My ex-wife beat something similar to this. She stopped at a stop sign of a blind intersection. She then eased forward to try to get a view down the road to the left (the blind side). When her front end was about 8 inches into the intersection a car passing in front of her just clipped her bumper. I took pictures from her perspective at the stop sign and then the corresponding view from "down the road" (you couldn't see the car at all), and from the point where you finally have a clear view (where the front end extends about a foot into the roadway). The judge dismissed the charge stating that when you obey the law and the "intersection" creates a situation where you must place your car in jeapordy even when you are in compliance with that law, he didn't believe you should be held guilty of "careless" driving. I agree.

    I'm not familiar with SD law. Is a Class 2 misdemeanor subject to jail time? If so, you may be eligible for a court-appointed attorney (you would be in WA). That might also be worth pursuing.

    Good luck,
    Barry

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Careless Driving in South Dakota

    Quote Quoting blewis
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    I don't understand -- did the cop witness the accident? If not, he cannot testify about ANYTHING, except what YOU SAID at the scene.
    The officer can testify about what he observed at the scene, including his reasonable inferences (or, if he qualifies, expert inferences) as to how the accident occurred based upon the evidence at the accident scene.

  4. #4
    Join Date
    Apr 2007
    Posts
    7

    Default Re: Careless Driving in South Dakota

    I appreciate you guys taking the time to offer your advice.

    The cop did not witness the accident, however an off-duty police officer arrived on-scene immediately afterwards, and may have witnessed it. Even if he had witnessed it, I stopped at the intersection and entered with as much caution as possible considering the circumstances.


    My classmate has offered to testify in my benifit. I will attempt to get the minutes of the city council meeting to see where it is proposed.

    Tonight I'll post the police report and a sketch of the area to see if I can make it more clear as to what happened.

  5. #5
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Careless Driving in South Dakota

    Quote Quoting Mr. Knowitall
    View Post
    The officer can testify about what he observed at the scene, including his reasonable inferences (or, if he qualifies, expert inferences) as to how the accident occurred based upon the evidence at the accident scene.
    Perhaps, but consider this scenario: you pull out into the roadway and your car stalls. You sit there for several minutes trying to get the engine started when someone comes along and hits you. Since it's impossible to know how much time went by based on the positions of the vehicles, that's also a "reasonable inference".

  6. #6
    Join Date
    Sep 2005
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    Default Re: Careless Driving in South Dakota

    And the ticketed driver is free to try to convince the court that's what happened.

  7. #7
    Join Date
    Apr 2007
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    7

    Default Re: Careless Driving in South Dakota

    I know little about court proceedings and procedures. Can anyone offer insight answering my questions:

    If the cop doesn't show up, will the court rule in my favor?
    If I win, do I pay court costs?
    How much are these court costs?
    If I loose, Do I pay court costs?

  8. #8
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Careless Driving in South Dakota

    Q: If the cop doesn't show up, will the court rule in my favor?

    A: If the cop is subpoenaed for trial and when the date of the trial comes and the cop does not show up, the prosecutor may dismiss the case. Or the judge may dismiss the case. BUT it may not be "with prejudice" meaning that it can be refiled. Actually, probably what would happen the first time is that there will be a continuance; if the cop doesn't show up a second time, then the prosecutor and judge will both lose interest and you will be okay.


    Q: If I win, do I pay court costs?

    A: No; now, if this ticket is considered civil or quasi-civil (as opposed to criminal), then you MAY have to pay court costs.


    Q: How much are these court costs?

    A: Ask the clerk; no one here has any way of knowing the fine and costs schedule of that court.


    Q: If I loose, Do I pay court costs?

    A: If you lose (not loose), then yes, you pay court costs.

  9. #9
    Join Date
    Apr 2007
    Posts
    7

    Default Re: Careless Driving in South Dakota

    Here is what the police report said:

    Incident Narrative:
    On the second day of April 2007 around 1600 hours I was dispatched to a non-injury motor vehicle accident at the intersection of Main Street and S. Douglas. I adviced dispatch I was enroute and responded code 3. Upon arrival I noticed a 4 door Chevrolete bearing South Dakota Plates ______ facing south bound on Douglas Street t-boned into a 4 door Geo bearing South Dakota licence plates ________ facing East bound exiting the alley way just South of Main Street.

    Both parties stated they were fine and did not need miedical attntion. I breifly spoke with the driver of the Geo and he stated that he was exiting the alley way and did not see the other vehicle. The driver of the Chevrolet estimated her speed to be around 18 MPH.

    Two skid marks roughly three feet in length were present and corresponded with the driver's statement. The Chevrolet had minor front end damaged estimated to be 1600.00 dollars. The geo sustained heavy drivers side front quarter panel damage, driver door damage and driver side front tire damage. I estimate the damage to be roughly 10,000 dollars.

    Pictures of the accident were taken by Chief Fleek. The Chevrolet was issued a red tag for her vehicle and was able to drive it away. The Geo was towed by Ferdigs body shop.

    Tow was issued Uniform Traffic Ticket K1744** for Careless Driving under SDCL 32-24-8 with a fine of $94.00 Dolalrs our a Court Date of May *, 2007 at **** hours. (End Report)


    Here is a drawing I made. It is demensioned and to scale:
    As you can see, a dodge dakota could have completely blocked my view of south bound Douglas Street Traffic.



    Is this worth fighting my careless driving ticket?

  10. #10
    Join Date
    Apr 2007
    Posts
    7

    Default Re: Careless Driving in South Dakota

    Quote Quoting blewis
    View Post

    My ex-wife beat something similar to this. She stopped at a stop sign of a blind intersection. She then eased forward to try to get a view down the road to the left (the blind side). When her front end was about 8 inches into the intersection a car passing in front of her just clipped her bumper. I took pictures from her perspective at the stop sign and then the corresponding view from "down the road" (you couldn't see the car at all), and from the point where you finally have a clear view (where the front end extends about a foot into the roadway). The judge dismissed the charge stating that when you obey the law and the "intersection" creates a situation where you must place your car in jeapordy even when you are in compliance with that law, he didn't believe you should be held guilty of "careless" driving. I agree.
    Barry, this is very similar to my case and the point I'm attempting to prove. Is there anything else you did?

    In all of this, is there anything to lose? If I pay 94 dollars I just admit guilt. If I fight it and lose I pay 94 dollars? Is this correct?

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