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Timea · Dec 9, 2008, 06:55 PM

I got this ticket in February this year for failing to yield from private drive. I was leaving the parking area at school to cross the main street, with 1 lane in each direction. As I approached the intersection I was going to stop to check the traffic in both ways. I saw the vehicle coming from the left so I pushed the brake but couldn't stop. There was ice under the snow and my vehicle slipped and pulled right in front of that other vehicle. I caused an accident and got a ticket. The road conditions were terrible on that day, because there was an ongoing snow storm for several hours and the roads were not cleaned yet.
I am fighting this ticket, I am doing a trial.
How can I prove I am not guilty?

ScottGem · Dec 9, 2008, 07:03 PM

What makes you think you weren't guilty? Weather conditions are not a defense on something like this. The argument would be that you were going too fast for conditions. Something you would be hard pressed to prove. I wouldn't count on winning this. But maybe you could get it knocked down.

Fr_Chuck · Dec 9, 2008, 07:59 PM

Sorry you are guilty, you are merely wasting your time and money. At best plead NOLO where they can not use the ticket against you in the civil case where they sue you for damages.

The fact you skidded is the evidence you were going to fast for the conditions. You had to stop, failure to do so for any reason makes you at fault.

You will have to prove you did not go out in front of the other car, since any movement for any reason in front of the other car puts you at fault.

** police offficer for years and accident investigator.

Obviously you have not gotten any legal advice on this or even looked up the law on it.

ScottGem · Dec 9, 2008, 08:26 PM

Comments on this post
Timea disagrees: I was going slow enough for the conditions

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Second, I didn't say you were going to fast, I said the argument would be that you were. As Chuck said you obviously haven't researched this. In any case, where weather is a factor, the assumption will be that you were driving unsafely and it will be very hard to prove otherwise,

One last point, if you ask for help, you should listen to the help and not berate them for helping.

Fr_Chuck · Dec 9, 2008, 08:28 PM

Yes, if the road was so bad that going lets say 5 mph still allowed you to skid, you had to go 2 mph or not be out at all.

Timea · Dec 10, 2008, 07:58 AM

Thank you for all replies, they are all helpful. Now I understand what the judge is going to think at the trial and that I don't really have much chance to prove that I was driving carefully. However I still believe I was, I was driving with my 2 years old son in the back of my vehicle (but this is not a proof I know).
Thanks again.

JudyKayTee · Dec 10, 2008, 08:09 AM

Originally Posted by Timea

Thank you for all replies, they are all helpful. Now I understand what the judge is going to think at the trial and that I don't really have much chance to prove that I was driving carefully. However I still believe I was, I was driving with my 2 years old son in the back of my vehicle (but this is not a proof I know).
Thanks again.

I'm a liability investigator - if you "pushed the brake and couldn't stop" you were going too fast for conditions OR there was a mechanical problem with the car. If you caused an accident I suspect the traffic ticket is the least of your problems.

And the argument that you had a two year old in the car argues against yourself. That's proof of nothing other than you should have used more care because there was a child in your car.

Please come back and let us know how this plays out.

Timea · Dec 10, 2008, 09:09 AM

I have a trial tomorrow and I am very nervous about it. This is my first ticket ever and also the first time going to court. Now that everybody thinks I was guilty it's even harder for me to fight the ticket but at least I will have less expectations for the outcome. I hired a ticket defender, so let's see how much that helps. I will let you all know about the outcome.

ScottGem · Dec 10, 2008, 09:19 AM

Don't be nervous. All you are doing is exercising your constitutional right to due process. No one os going to fault you for exercising your rights. If you are found guilty, you are no worse off then before.

I am a little surprised at the ticket defender. They have to know your chances here are slim to none so they are taking your money knowing you will probably lose.

Timea · Dec 10, 2008, 10:09 AM

Hi Scott, your replies really help, sorry for my very first negative rating. You were the first one to reply and I appreciate it a lot. I am now wondering what can I say tomorrow at the court to prove that I was driving carefully.
I can not imagine what can the ticket defender say for me, what his strategy is going to be.

ScottGem · Dec 10, 2008, 10:33 AM

Why haven't you discussed this with the defender? You should be discussing your strategy with him before the hearing. That's what you are paying him for. That you haven't makes me wonder even more about this person.

As to what you can do, you need to tell your side with as much conviction as you can muster. Tell the court that you had your daugther in the car and you were proceeding carefully, but that you just had the bad luck to hit a very slick patch at the worst time. Its not going to get you a win, but it may get you some mercy and maybe have the plea knocked down a bit.

BenD · Dec 10, 2008, 03:17 PM

Originally Posted by Timea

I got this ticket in february this year for failing to yield from private drive. I was leaving the parking area at school to cross the main street, with 1 lane in each direction. As I approached the intersection I was going to stop to check the traffic in both ways. I saw the vehicle coming from the left so I pushed the brake but couldn't stop. There was ice under the snow and my vehicle slipped and pulled right in front of that other vehicle. I caused an accident and got a ticket. The road conditions were terrible on that day, because there was an ongoing snow storm for several hours and the roads were not cleaned yet.
I am fighting this ticket, I am doing a trial.
How can I prove I am not guilty?

In my opinion, you will not be able to prove your innocence. Even you own statement above states that you caused the accident and received a ticket. The reason the officer issue you a ticket was because he believes you were at fault. You are still at fault and responsible regardless whether you had intent or not. You didn't intend to hit the other vehicle but because of your actions (pulling up to the main street and applying the brakes) resulted in your vehicle hitting the on coming traffic, hence, failing to yield. Yes, the conditions made it more conducive for less control of your vehicle, your vehicle still hit the other vehicle when they had the right of way,etc. So, no, you will not be able to get out of this ticket and the judge will rule against you. Sorry. Be grateful, you had insurance. At least, I hope you did. You could be in a world of more hurt, like I am experiencing now.

JudyKayTee · Dec 10, 2008, 03:19 PM

Originally Posted by Timea

Hi Scott, your replies really help, sorry for my very first negative rating. You were the first one to reply and I appreciate it a lot. I am now wondering what can I say tomorrow at the court to prove that I was driving carefully.
I can not imagine what can the ticket defender say for me, what his strategy is going to be.

This has been going on since February 2008? I'll save everybody the time - 10 months. And it's set down for trial but the Attorney (or non-Attorney ticket defender) has never discussed this with you?

What was the result of the insurance claim - you said you caused an accident. If there were serious injuries - and I deal with this every day - the other insurance company is going to have something to say about this ticket.

I'm a liability investigator and I trust your Attorney has looked into this aspect - there's a difference between driving along in a blizzard and being unable to stop and driving along, coming across an icy patch, and being unable to stop. Has your Attorney discussed that with you?

And, Ben, I realize you're having a rough time right now but your problem and world of hurt were caused by driving uninsured. This is concerning a traffic ticket.

Timea · Dec 10, 2008, 06:19 PM

Yes, I was insured and I caused damage on the head light of the other vehicle, which was an SUV. I had my front bumper fallen completely off. I was at fault I just believed that the ticket was not fair because of the road conditions. I did what I could, that's what I think.
My defender is a former prosecutor and he is doing his job for 25 years.
What happened to you Ben?

Fr_Chuck · Dec 10, 2008, 07:38 PM

Ok, in snow and ice, some departments and/or officers do not write a ticket, just a report showing you at fault. But in some departments the officer is required by department policy to always write someone a ticket at every accident.

What your attoreny is going to do, hope that the other driver does not show up, he does not allow you to testify ( does not call you as a witness) So if the other driver or other witnes is not there to prove you are guility, at times the court will dismiss the case. In some courts they will continue if the officer is present, with a case moved out 10 months, it is possible officer will not even show up either, so if no officer and no witness, case gets dismissed,
That is what your attorney is hoping for.

JudyKayTee · Dec 11, 2008, 07:43 AM

Originally Posted by Timea

Yes, I was insured and I caused damage on the head light of the other vehicle, which was an SUV. I had my front bumper fallen completely off. I was at fault I just believed that the ticket was not fair because of the road conditions. I did what I could, that's what I think.
My defender is a former prosecutor and he is doing his job for 25 years.
What happened to you Ben?

I'll answer for Ben - he was driving uninsured, rear ended a vehicle and pushed that vehicle into the vehicle ahead of it. His concern is not the traffic ticket. His concern is rear ending a car causing injuries and damage and not being insured and now being sued for damages. It is certainly a serious matter and he is concerned but there is no traffic ticket question involved.

https://www.askmehelpdesk.com/other-...ke-290704.html

BenD · Dec 11, 2008, 11:06 AM

Originally Posted by Timea

Yes, I was insured and I caused damage on the head light of the other vehicle, which was an SUV. I had my front bumper fallen completely off. I was at fault I just believed that the ticket was not fair because of the road conditions. I did what I could, that's what I think.
My defender is a former prosecutor and he is doing his job for 25 years.
What happened to you Ben?

Hi Timea,

Judykay has beautifully summarized my situation; it is a consequence situation and far more serious than your ticket. I wish the ticket was my only worry! :) Good luck w/ your case.

JudyKayTee · Dec 11, 2008, 02:08 PM

Originally Posted by Timea

Yes, I was insured and I caused damage on the head light of the other vehicle, which was an SUV. I had my front bumper fallen completely off. I was at fault I just believed that the ticket was not fair because of the road conditions. I did what I could, that's what I think.
My defender is a former prosecutor and he is doing his job for 25 years.
What happened to you Ben?

Did you ask your Attorney about bad weather conditions all over as opposed to hitting a sudden strech of bad weather and slippery roads?

Timea · Dec 11, 2008, 06:31 PM

Hi everybody, here I am, the trial is over and I have no ticket, no fine to pay, no demerit points. I think good luck happens sometimes. The other driver didn't show up, so I didn't waste my time and my money at all. Thanks God.
Thanks everybody for the answers and thanks my friend Mary who gave me a lot of positive energy this morning.
Good luck Ben, I hope you will not pay too much for your mistake.

BenD · Dec 11, 2008, 06:44 PM

Originally Posted by Timea

Hi everybody, here I am, the trial is over and I have no ticket, no fine to pay, no demerit points. I think good luck happens sometimes. The other driver didn't show up, so I didn't waste my time and my money at all. Thanks God.
Thanks everybody for the answers and thanks my friend Mary who gave me a lot of positive energy this morning.
Good luck Ben, I hope you will not pay too much for your mistake.

Hi Timea,

Wow! I'm happy for you. Thanks for the warm wishes; I definitely will need it.