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-   -   Failure to control vehicle (https://www.askmehelpdesk.com/showthread.php?t=133009)

  • Sep 23, 2007, 09:02 PM
    mystified
    Failure to control vehicle
    While traveling on the Ohio turnpike I hit a heavy rain, hydroplaned and went into the ditch requiring a tow truck to get me out. I was not speeding, distracted, had good tires on the car and was wearing my seat belt. I was cited for "failure to control my vehicle". I avoided hitting anyone else and did no property damage. Is this a legitimate citation? If so does that mean that anyone who goes off the road in a snow storm can also be cited? I believe the reason it happened was because as I entered the heavy rain I took my foot off the accelerator, a semi-truck on my right passed me causing a water build up and wind shift that made me "float" and sent me to the ditch. I did not report this to the trooper at the time but rather simply stated that I hydroplaned and went into the ditch. I was very shook up and didn't realize I was defending myself against some sort of "crime"
  • Sep 24, 2007, 10:15 AM
    smoothy
    You can try to fight it... but that's just like a driving too fast for conditions. The fact you did hydroplane seals your fate. Since there was no property damage I see it as a money grab ploy... trust me I've been on the receiving end of more than a couple over the years myself, including a few that were physically impossible to have been doing. Never fought a ticket in Ohio, but PA I can tell you is an exercise in futility. I really have a dislike for their system since its you the cop and his buddy the Magistrate. No open court with plenty of witnesses like you have in MD and Virginia for example.

    My advice is fight it... bring out the conditions you stated and you might get lucky or have it reduced. Worst case you will lose and pay the fees to fight it.

    I fight every ticket I receive on principle. And I win most of the time, and never resort to lies. I've beaten 5 radar and Lidar tickets in open court, and had as many reduced to minimal charges, half of those (probation) enforced only if I got another ticket in the next 12 months.

    I've lost only 3 ticket fights in the last 30 years. 2 of them were in Kangaroo courts figuratively speaking. One of those fined me heavily and assessed a serious penalty, that for some strange reason never was sent to the Motor vehicle administration. Which as fine by me. It's the points that get you with the insurance companies.

    Just be calm honest and always be respectful to all parties at the hearing. Even if they are arrogant and nasty. Remaining in control will win you points. Get upset in court and you have lost the case. Don't lie, cops and judges have heard them all, body language will give you away. I always look for a reasonable, and plausible explanation that can account for the situation at hand. And I never call the cop a liar. I just prove how he was mistaken.

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