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andypokerdude · Sep 11, 2009, 08:38 PM

I live in East Texas, and recently hydroplaned during a rainstorm. It was in the middle of an area where there was construction, and improper drainage, and water covered the road. I crashed into both side walls on the road, and totaled my car. (I did not hit another vehicle.) I was in shock after the accident, as this was my first accident, and I don't handle stress well. I was crying hysterically. A cop came, and called a tow truck, gave me a ticket for "failure to control a vehicle" and he had me sign the ticket and the accident report. I honestly couldn't think straight at the time, and did everything he asked. I didn't even receive medical attention, (until the next day, when I came to my sense and went to the ER in intense pain.) anyway, I wanted to try to contest the ticket I received, but when I went to court the clerk told me that because I signed the accident report, I admitted on the scene that I was guilty. This waived any right to contesting the ticket, and now I have it pay it. Is this true? I understand the court clerk should know what she's talking about, but I was in shock, (something the hospital told me,) and I did not receive any medical attention, just signed what the cop asked me to sign. I now know that was a mistake, but is there anything I can do? Thanks for your time.

KISS · Sep 11, 2009, 09:15 PM

You just learned that "cops are your friend", right?

excon · Sep 12, 2009, 06:50 AM

Originally Posted by andypokerdude

but when I went to court the clerk told me that because I signed the accident report, I admitted on the scene that I was guilty. this waived any right to contesting the ticket, and now I have it pay it. is this true?

Hello andy:

Nope - NOT true... Not even CLOSE to the truth!! Court clerks aren't allowed to give legal advice... This is a very good reason WHY.

Now, you're going to LOSE your case because you DID lose control of your car and hit a wall. But, you certainly have the RIGHT to contest it... You may very well lower your fine that way.

excon

AK lawyer · Sep 12, 2009, 07:16 AM

Never listen to court clerks in Texas. They are especially poor at giving the legal advice they shouldn't be giving anyway.

smearcase · Sep 12, 2009, 08:04 AM

As a retired highway construction engineer, I would just say that proper drainage is required on highways at all times.
If you can clearly show with photographs or other evidence , that drainage was restricted by improper construction techniques and allowed to pond on the roadway, you should have a good case to have the ticket expunged.
There have been many lawsuits against government agengies and contractors for this exact condition.
Also, does the accident report you signed mention the ponding? Of course, losing control due to ponding (stops the progress of the car) is different than hydroplaning which is very contingent on speed for conditions. I think you are talking about ponding but I can't be sure.

this8384 · Sep 17, 2009, 12:34 PM

Here's the bottom line. If your vehicle hydroplaned, you were traveling too fast for conditions. It has nothing to do with cops being good or evil; it has nothing to do with there being 2 inches or 2 feet of water on the road. Whether you were in shock or 100% able to comprehend what the officer was asking you to sign, you were guilty of failure to control your vehicle. Contesting it will do you no good because the ticket and the officer were right.

Your best option is to call the prosecuting attorney, see if you can get the ticket amended to a lesser charge.