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    todlp1791's Avatar
    todlp1791 Posts: 3, Reputation: 1
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    #1

    Jun 4, 2009, 07:49 PM
    Failure to control
    I was cited for failure to control when my right rear tire blew and I went into a ditch and flipped. I was going into a slight turn to the right and my left rear tire blew which caused my rear end to go to the left which made me go into the ditch and flip. The officer said that his opinion was that I was going to fast and my tire blew when I went into the ditch but only the right half of my truck went into the ditch and none of the tires on the rights side blew. Do you think I could fight it by arguing that my tire blew in the during the turn because that's what I said happened. The officer did not see what happened he was just giving his opinion.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 4, 2009, 07:53 PM

    You posted your question as a answer to another persons post that was several months old, You are not likely to get an answer like that. I have moved it.


    Actually if the officer was trained in accident investigation he can tell, the tire ( skid marks) from where you hit the brakes will be different with a blown tire over an inflated tire.
    That should be easy to prove one way or the other.

    Also the tire itself, rubber bits on the road where it blew and other signs.
    You can argue anything, but still even if the judge believes your side of the story, the ticket will stand.
    todlp1791's Avatar
    todlp1791 Posts: 3, Reputation: 1
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    #3

    Jun 4, 2009, 07:56 PM

    There were no skid marks because I didn't slam on my breaks
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    todlp1791 Posts: 3, Reputation: 1
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    #4

    Jun 4, 2009, 07:59 PM
    Why is it failure to control when my tire blows icant tell when my tires going to blow
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 4, 2009, 08:03 PM

    One is suppose to be able to keep their vechile under control, that ticket is normally given when the officer can't determine what exactly happened, sort of just covers a lot of what ifs when a accident happen.
    Something always causes a accident
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 4, 2009, 08:15 PM

    A added note, I am not saying it is "right" or "fair" many laws are not, and esp the way traffic court inforces them.

    Remember many traffic judges are elected, some don't even have to be lawyers to be elected.
    Also many traffic courts of cities are ways to get income for their departments

    If I was to "fight" this, I would merely tell my story and if the officer gives his, object on any comment he can not prove with evidence,
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