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    Ssfeide's Avatar
    Ssfeide Posts: 1, Reputation: 1
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    #1

    Jan 15, 2009, 04:14 PM
    Does swerving to miss an animal constitute Failure to Control you vehicle?
    I was just in a single car accident caused when a large dog ran out into the road while I was going around an "s" curve. I jerked the wheel to avoid the dog. It also happens to be 4 degrees out, and it snowed yesterday. The road was icy, and I lost control. I was sited with Failure to Control. I had a friend who had an accident a year ago caused by swerving to miss a deer. She was not cited. Is there a difference? Should it have been considered unavoidable? Do I have grounds to dispute the citation?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jan 15, 2009, 04:26 PM

    Welcome to AMHD. The fact that you received a ticket may depend on 'officer's discretion'. You have every ground to dispute the citation.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 16, 2009, 06:12 AM
    Quote Originally Posted by Ssfeide View Post
    I was just in a single car accident caused when a large dog ran out into the road while I was going around an "s" curve. I jerked the wheel to avoid the dog. It also happens to be 4 degrees out, and it snowed yesterday. The road was icy, and I lost control. I was sited with Failure to Control. I had a friend who had an accident a year ago caused by swerving to miss a deer. She was not cited. Is there a difference?? Should it have been considered unavoidable? Do I have grounds to dispute the citation?


    What was the result of losing control? Property damage? Personal injury?

    The ticket is at the discretion of the Officer. I investigate accidents and I've seen people run red lights, cause an accident and not be cited. I've seen people run red lights and be cited. Depends on the Officer.

    Without knowing the result of the "failure to control" it's hard to say what the outcome will be.

    As far as your friend - she got lucky. Were her circumstances exactly the same as yours?

    You can always dispute a citation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 16, 2009, 07:09 AM

    If you had missed the animal and not had a accident then you would have keep the vechile under control.

    So was having the accident your plan? If you did not plan on hitting what you hit, then you basically lost control due to the weather,

    In bad weather you are expected to drive slow enough to keep the car under control.

    But normally yes, they expect you to hit the animal instead of lossing control of the car. What if?? There had been a child standing where your car ended up. Losing control is always a danger.

    Now if you have photos of the weather that day, copies of weather reports, take it with you to the judge, often they will dismiss it because of weather.
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