Q: Should I pay or fight citation in court? Citation for failure to use due care driving too fast for circumstances.
It was raining and I do not believe I was driving too fast. I was going with the flow of traffic. There were cars in front of and behind me. There was vehicle in front of me and a truck in front of the vehicle in front of me. I don’t know exactly what happened but I think the truck decided to turn at the last minute and just stopped in the middle of the road with not warning. The car in front of me swerved and went around the truck. I made a split second decision and swerved. The ground was saturated and I slid into a ditch. My vehicle turned on it’s side. I was the only person/vehicle involved in the accident. The state trooper did not see it happen but cited me with failure to use due care and driving too fast for the circumstances. Should I pay the citation or fight it?
A:
If there are points, no harm in pleading not guilty. You would note you were going with the flow so if reasonable is keeping up with but not passing anyone, that was you.
Problem is if everyone else avoided this guy you didn't, seems like you did maybe not have full attention--but you wren't charged with that.
A:
If you pay: 1. The "at fault accident and the citation will likely impact your insurance rates. You will want to check with your agent. 2) It would not be admissible in a case you might file against any other driver. 3) the fine will likely be less than if you "fight" and lose.
If you appear and defend the ticket: 1) If you win it should keep your insurance where it is-- talk to your agent it may be important to not have an "at fault" accident or the ticket on your record). 2) If you defend and lose it would be admissible in a case related to this against another driver - if you win it is not admissible. 3) You will wait a while unless you have a lawyer with you- just saying. 4) if you lose you - you may be taxed court costs.
Now- can you win. Yes. Based upon what you are saying - you got a ticket just because you had an accident. What you are saying is that a car suddenly pulled in front of you and in order to avoid it you swerved to avoid it and rather than having an accident with another car your car left the roadway. You can testify as to how fast you were going- the police officer shouldn't be allowed to give an opinion of speed- in fact you should object if he tries to. If you have a lawyer this likely gets dismissed without one you still have a good shot. I have tried to give you some plus and negative factors to consider. This may not be all but - trying to be brief and without researching this is what you get. Good luck.
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