I had an accident recently on I-75 just south of Piqua Ohio. I own a 4 wheel drive 2007 2500HD Silverado 4 x 4 DuramaxDdiesel Pick Up with a dealer installed 5th wheel assembly. I tow a 2008 Montana Mountaineer 5th wheel RV. My wife and I have towed this combination many thousands of miles throughout the US and Canada. The rig is very stable and is not even affected abnormally by side winds. When I had the accident my cruise was set at 65mph and I had pulled out to pass a much slower car in the inside lane. I have many years experience towing vehicles tractor trailers and operating heavy equipment. I drive with my business about 50-60,000 miles a year.
As I passed the slower car the unit began to sway a little which was uncharacteristic. I determined to pull into an upcoming rest area to see if there was an issue. As I touched the brakes to release the cruise control the whole unit began to veer to the left. Fearing that if I touched the brakes again we would jack knife of worse still roll I determined to stay of the brakes and try to control the unit. There was a car outside of me and I was afraid we would take her with us. I was not able to control the rig completely we entered the center medium and hit a line of posts and containment wires. We continued to travel about 200 yards until the rig came to a stop. In the process it tore of the drives side front wheel and badly damaged the drivers side of the truck and the 5 th wheel.
I was cited for failure to control the vehicle. I tried to explain to the office what happened but he would not listen. His response was there are no skid marks. I tried to explain why, he then proceeded to asked me if this was my first trip, after I had explained the circumstances. He then proceeded to tell me I should not be towing a trailer this size with that Pick up it was unsafe. I tried to explain to him that this was a very common vehicle for people who tow this size and much bigger RVs and 5th wheels. He already had the ticket written before I got into the cruiser with him. When I told him I was going to fight it, he tore up his original report and wrote out a different report. I do not know what was on the original report.
I do intend to fight it, what are the chances of winning and what are the consequences. I realize my chances are slim but I have to try, I believe I am being railroaded for an unavoidable accident.

You lost control of the vehicle. The fact remains that you did lose control. If there was some sort of mechanical failure (you will need an expert mechanic to testify to that, you may be able to get off on that, but getting the testimony may cost you more than the ticket.

I really don't understand why you think you are being railroaded. Also you don't argue with the officer writing the ticket. If the accident report stated you were driving a rig that was unsafe and not suited for what you were towing, then you bring evidence to the hearing that is not accurate. You show proof of your driving experience.

But there are some unassailable facts here. You did lose control of your vehicle resulting in the accident.

You have no chance at all to fight it. You lost control and had a accident.

You also don't argue with the officer, you are lucky he did not write you up for a list of additional charges, most officers do once you start to argue with them.

The fact you drove 100 of thousands of miles with no trouble, has no bearing on this either, in fact it may show that you were too self confident and took unwarranted risks. (not saying you did, but that would be what the other side says if you say this)

And I agree with Scott, if you get the vechile and trailer examined by a expert ( certified mechanic) and they will testify in court, then that may help, but still may not do away with the fact you did lose control.

Had you not lost control, you would not have had a wreck.

The officer most likely wrote a new report that showed your attitude about the ticket, and also perhaps statements you made.

Just for the record there was no argument with the officer although he was pretty belligerent. I am a pretty mellow type person, I just tried to explain the circumstances.
I understand the failure to control better, what is the likely outcome if I have an explanation for the accident. It seems the "failure to control said vehicle" is a pretty vague charge and difficult to argue against.
Looking at the vehicles it appears pretty obvious there was a failure of the right rear trailer wheel. The right rear tire is badly scrubbed on the inside as if there was a alignment issue. The front left tire which was bent in the accident shows no wear even though it was towed that way for several miles. I checked tires and lights before leaving about 2 hours earlier all where in good shape. The right tires never left the highway.
Is it likely the court will take that into account, our am I out of options.

I tried to explain to the office what happened but he would not listen. His response was there are no skid marks. I tried to explain why, he then proceeded to asked me if this was my first trip, after I had explained the circumstances. He then proceeded to tell me I should not be towing a trailer this size with that Pick up it was unsafe. I tried to explain to him that this was a very common vehicle for people who tow this size and much bigger RVs and 5th wheels.

I'm sorry but this IS considered arguing with the officer. Doesn't matter how polite and mild mannered you were. The officer said one thing and you disagreed and tried to correct him.

I don't know whether the court will accept your testimony about the conditions of the tires. They might require expert testimony which would probably cost more than the fine.

Generally, if you show up, they will accept a plea to a lesser charge (and fine).

Ohio Troopers are not to be argued with. The guy was trying to cut you a break but you kept insisting this and that and finally he had enough and just rewrote the whole shebang. You should be glad you are not an OTR driver after an accident as they can be pretty onery and write you up for crashing an airplane in the ocean while driving your truck.

Pay up and cut your loses here as chances are the trooper will show for court (they ALWAYS DO SHOW UP) and the fact you told him you're going to fight it just sealed the deal that he will definitely BE THERE and his word against yours won't cut it. It's HIS call if the rig was safe or not, not yours. He's seen many accidents in his time I'm sure and probably many with the kind of rig you described. The Judge will side with him. As a rule most Ohio troopers are regulars in the courtroom before the SAME judge all the time. They will probably go out for coffee together after court. I've seen it done. Nothing illegal there. So expect to lose in court and waste everyone's time and YOUR money.

I also agree with the trooper as to the soundness of the rig you are/were driving. You need a much bigger truck to properly pull that camper. What do you think you have? A big, bad duelie you're driving? Whoever sold you this truck and told you you could haul such a unit obviously has a nose that grows like Pinnocchio's. Say anything to make a sale.

Agree, if this was a local city officer, they often don't appear in court in some areas, but troopers almost always show up.
*** one way to get out, if trooper not there, plead not guilty he is not there to testify, you get off.

But the judge will be normally less willing to listen to some story, if you tell them that you always had control, picked that area to run into since it appeared to be the safest area so no one could get hurt, that may be a defense to losing control, but ifyou already stated to the officer you lost control, then you lost control