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  1. #1

    Default Should I Fight This Case

    My question involves a traffic ticket from the state of: New Mexico
    I was speeding at 2:40 Am on July 5th and ending up crashing because something ran across the street and I slammed on my breaks. Which cause the breaks to lock up due to the ABS/Anti Lock breaks not working. I skidded and then fishtailed till the car fell over on it's side and slid into a side walk. Should I fight this case or just plead guilt?

  2. #2
    Join Date
    Jan 2006
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    38,647

    Default Re: Should I Fight This Case

    What was the ticket for ?

    To cause the car to do what happened you must have been going extremely fast.

  3. #3

    Default Re: Should I Fight This Case

    Quote Quoting jk
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    What was the ticket for ?

    To cause the car to do what happened you must have been going extremely fast.
    The ticket was for careless driving, and I was only going 30 to 40 mph

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,320

    Default Re: Should I Fight This Case

    Was this before or after the party where you were caught holding the beer?

    In any event, as with the other case, you should probably consult an attorney. But, assuming the section cited is 66-8-114, I'd say it appears you are in violation of the law.

    66-8-114. Careless driving.

    A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.

    B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.
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  5. #5

    Default Re: Should I Fight This Case

    Quote Quoting cdwjava
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    Was this before or after the party where you were caught holding the beer?

    In any event, as with the other case, you should probably consult an attorney. But, assuming the section cited is 66-8-114, I'd say it appears you are in violation of the law.

    66-8-114. Careless driving.

    A. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.

    B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.
    No this event and the party were two separate events entirely. They were spaced out by a week or two.

  6. #6
    Join Date
    Jan 2006
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    38,647

    Default Re: Should I Fight This Case

    For the life of me I can’t imagine rolling a car at that speed. I just can’t see myself ever driving so poorly it would result in rolling the car at that low of a speed.

    Given a real lack of information concerning your accident it wouldn’t be a fair recommendation to suggest you. Fight this or accept it. It appears you are guilty and I see no defense. That doesn’t mean a well paid lawyer won’t.

  7. #7

    Default Re: Should I Fight This Case

    Quote Quoting jk
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    For the life of me I can’t imagine rolling a car at that speed. I just can’t see myself ever driving so poorly it would result in rolling the car at that low of a speed.

    Given a real lack of information concerning your accident it wouldn’t be a fair recommendation to suggest you. Fight this or accept it. It appears you are guilty and I see no defense. That doesn’t mean a well paid lawyer won’t.
    Well it is 4Runner that is top heavy, had worn down tires and breaks and the abs didn't work.

  8. #8
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    1,532

    Default Re: Should I Fight This Case

    Quote Quoting TristanHayes21
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    Well it is 4Runner that is top heavy, had worn down tires and breaks and the abs didn't work.
    That makes it sound like simply taking that vehicle onto the public roadways, regardless of other driving behavior, was careless! However, I still have to call BS on the "30 to 40 mph." Unless you were driving on an extremely steep slope or had the vehicle grossly overloaded with overhead cargo or something similarly unusual, the crash you describe simply would not happen at that low of a speed. I'd love to see the collision report with a diagram showing the length and direction of skid marks, etc.

    You should definitely consult an attorney, but I can see absolutely no defense from anything you have posted.
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