Careless driving?

Question

A car in front of me changed lanes to pass a Van that stopped to let an old lady to finish crossing the road. I was driving less than 40 km/h. By the moment I saw this Van in front of me, I was about 1 1/2 car from it. I had 3 options, one, change lanes which I couldnt cause a car on my blind spot, second climb on the sidewalk which could hurt some pedestrian or third, apply full stop brakes which I did, but because road conditions, mix of snow and rain, my car did slide hitiing the Van and going underneath its rear bumper. Nobody was hurt, cause no high speed involved. I apologized with the lady in the Van and explained what happened. Police arrived and told him my story. But a third person, told the policeman a story which resulted of me having a ticket of 325 dollars for Careless driving. I want to go to court cause it is my first accident after 25 years of driving (Im 41) and have no experience on this. Any good advises to present my case? It would be appreciate it. Thanks

Answer 1

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You were careless, like it or not.

Learn your lesson...increase your following distance.

Perhaps you can reduce the fine if you plead an uncharacteristic lack of concentration, but i think you're probably better to take it on the chin and think yourself lucky it was not a child you hit.

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Answer 2

Without knowing the reason for the ticket, I would guess the reason for the ticket would be; Failure to have vehicle under control for the weather conditions!  Very hard to beat in any court, clean record or not.  I wish you luck.

Answer 3

explain the situation, tell them you were at a safe following distance from the car in front of you, Apologize apologize apologize.....and pray to god theyll change it to a less severe ticket

Answer 4

You had better own up to it. You were going too fast and following too close for the road conditions. SLOW down. You may not have had your mind on your driving either. Sorry for having to tell you this, but the truth may hurt. You have been driving long enough you should know better.

Answer 5

Oops. The fact that you rear ended the van, leaves you in the wrong always. Whenever you rear end someone, you are deemed negligent and not in full control of your vehicle. Therefore, you're at fault for the accident and will probably be liable for any damages. 1.5 car lengths in adverse road conditions, is not enough space in an emergency or hard stopping scenario. You can try to explain it to the judge, however chances are you will not win. Sorry.

Answer 6

If you have a clean driving record, no speeding tickets, running red lights, stop signs, etc., I would note that to the Judge.  Make sure and be courteous to the judge.  Call him, Your Honor, when addressing him, or her ( I'm such a sexist).

Your going to be given 3 choices on how to plead. Guilty, not guilty, or no contest. No contest means you're not pleading guilty or not guilty.  You're just letting the facts speak for themselves.  If it was me, when I was asked how I plead, I would ask the judge, "Your honor.  May I ask you a question?  I have a clean driving record, and this is the first accident I have ever been in. I am not a reckless driver, but because of the weather conditions, I did not leave enough distance to stop.  In your opinion, would no contest be the proper plea to enter?"  

Now, you have sucked up to the judge without looking like a suck-up.  He, most likely will explain no lo contendre (no contest) to you, and unless he tells you straight forward not to plead that way, that's how I'd plead.  Good luck to you.

Answer 7

You can always go to court and take your chances plus the extra expense. I feel your chances are slim to none of winning this one.

Answer 8

I am sorry to say but I think you got the ticket due to the fact that you were driving too close to the vehicle in front in conditions you knew were dangerous.

If you were driving so that you could stop within your seeing distance, no accident would have happened.

Also you know that the conditions of rain and snow make it all the longer to stop, if you had taken that into consideration you might not have had a ticket.

After 25 years of driving perhaps you were complacent?

I often have people sitting on my tail end who should know better, they are REALLY annoying and dangerous.

Answer 9

Get a layer. Careless driving is what they call it when you do not break any laws, yet the must write a ticket. Without a layer you will not know or follow all the court procedures and be found guilty by ignorance (been there done that) A layer will get it taken care of without fine or points or insurance hikes. I didn't care about fine or points but my insurance rate hike would have payed for a layer.

Answer 10

I have had many of my customers in similar situation and they have just gone to the judge and explain this to him and with your great driving history I believe that he will help you.