Q: If an officer checks misdemeanor on a civil infraction ticket for a car accident, would you be told he did so?
My husband was going about 35mph on i94 when he lost control and hit another car in our first big winter storm. The police showed up on scene and questioned the other driver and then came to my husband and gave him a ticket for the accident which appears to be marked as a misdemeanor. No one was clocking him and no officers were there when the accident occurred but they told him he was going too fast and that's what the ticket was for. They didn't mark down how fast or tell him any specific speed, all it says is going too fast in Winter conditions.
A: Speed Too Fast for Conditions is a Civil Infraction, not a Misdemeanor. If the officer marked the misdemeanor box, it's a mistake. That's not enough to get out of the ticket, but it might give a little leverage in negotiating some kind of deal on the charge. Just to make sure it is a Civil Infraction, I suggest that your husband call the court to confirm that it is. They can also tell him, or can just read on the Civil Infraction instructions he should have received, how to request a hearing to be able to go to court to try to get a reduction. Speed Too Fast for Conditions is a two point violation, but he may be able to avoid the points if this is handled correctly. He can, of course, retain an attorney to handle this for him. Sincerely, Frank B. Ford
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