Ask Me Help Desk - Failure to Control question...

Where? Medina, Ohio, I-71 N. When? 1:00 AM

First off, was today 12/7/10 a level 3 snowstorm warning? And I did not know about the snowstorm warning. I was driving in the left lane going about 45 or less (im pretty sure less than 45), passing a semitruck. Another semitruck was inching behind me and the road began to get worse (although less than half a mile ahead, the road was clear of any snow). But I lost control of the car, from what I believe to be because of the semitruck behind me not giving me enough room. I immediately steered left to avoid any other cars and ran into a guardrail type thing and was stuck. My phone died, so I had to wave someone down, which happened to be a cop. He was busy so he asked a state patrol man to come by. I waited approximately 30 min until the patrolman came. He continued to ask me for my license and registration. I had no idea he was planning on giving me a citation ( this has been my first incident/accident). He asked me to fill out a report which I thought was just to keep the accident on record. I didn't realize he was about to give me a citation, so I left out a lot of details in the report. I pretty much only stated that I lost control and no one else was involved (although when I wrote no one else was involved, I meant no one else got into an accident). I was really out of it by this point so I did not say anything to the officer about the citation (I still didn't realize he was giving me a ticket).

But my question is, can I even get out of this ticket w the reasoning that the truck forced me off the road although I didn't mention the truck in the report? Is this worth going to court for? And I will also be in china during the court date anyway... so is it at all possible to get the date changed?

If you got a citation don't you have a choice of pleading not guilty, or guilty and paying the fine ? If you have to pay a fine, why not just plead quilty and pay the fine and be done with it? This is how our citations are handled in Ontario, I am only assuming they are in Ohio as well.

How could you lose control of your car because a truck behind you did not give you enough room? There has to be something else going on here, because you just don't get a ticket for hitting a guardrail in a snow storm.

No you can't get out of the ticket, but if the ticket says you have to go to court, then you have to. If you default and not go without informing them, then you are probably looking at a more severe charge and possibly jail time.

Tick

Quote:

Originally Posted by justinxiao8

Is this worth going to court for? And I will also be in china during the court date anyways....so is it at all possible to get the date changed?

Hello j:

Even if you had a witness to your accident, you'll be found guilty.. I KNOW you think the truck behind you caused you to lose control... But, it didn't. Unless he HIT you, he couldn't have. Plus, since you're not going to be in town anyway, why don't you just send the money and be done with it?

There IS a place on the ticket telling you how much the fine is and where to send it, isn't there?

excon

Quote:

Originally Posted by tickle

If you have to pay a fine, why not just plead quilty and pay the fine and be done with it? This is how our citations are handled in Ontario, I am only assuming they are in Ohio as well.

Because the OP's insurance rates could skyrocket as well as the possibility of losing insurance coverage.

Quote:

Originally Posted by excon

Hello j:

There IS a place on the ticket telling you how much the fine is and where to send it, isn't there?

excon

The ticket actually doesn't cover the fine for failure to control... I guess ill just have to call

Quote:

Originally Posted by tickle

There has to be something else going on here, because you just dont get a ticket for hitting a guardrail in a snow storm.
tick

You can get a ticket for this. It's called failure to control vehicle. There is also a citation issueable for failure to control speed.

All I can say is that you're lucky the cop didn't issue you both citations. The failure to control speed is a variable weather condition ticket. If you're going to fast in inappropriate conditions and crash into a tree. You can get two citations, one for loss of control, the other for not controlling speed in the weather.

I say pay! Unlikely you're going to get out of it because you did lose control and unless the semi hit you, it was your fault!

China or not, if you don't get the date changed, it's in your best interest to go!