My daughter was cited for "Failure to Control" her vehicle in Ohio. She and her boyfriend were arguing and he grabbed the wheel and they went off the road and hit a tree. What should she plead in court?
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My daughter was cited for "Failure to Control" her vehicle in Ohio. She and her boyfriend were arguing and he grabbed the wheel and they went off the road and hit a tree. What should she plead in court?
Guilty for failure to control and hitting a tree.
Sounds like she had grounds to press assault charges against her "BF," and then she might be able to plead not guilty for failure to control her vehicle. But failing that... she can't exactly claim that she was in control when she hit the tree (she didn't mean to hit it, did she?), so she will be found guilty.
She can press assault charges if she wishes but that does not change the traffic ticket SHE received. She is stuck as far as the ticket. If she can prove he assaulted her, well, then she can press charges against him criminally as well as for any out of pocket charges and any increase in her insurance premium.
I must be getting old but can you tell us what she said to the responding officers? Did she tell the officer she was being assaulted or what questions did he ask and her response?
I once investigated an accident in which the defense was that the backseat passenger SNEEZED, startling the driver and forcing her to drive into oncoming traffic. Interesting World out there.
I would guess nothing was said to the Police Officer or else the question would read - "My daughter's bf was arrested and now what should we do?"
Or he was arrested and she took the rent money to bail him out, and not we will get a question on, I could not pay the rent, can they evict me.
** happening to one of my neighbors this week.
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