A little advice on a "Failure to Control Vehicle" Citation.

Previous | Next
 rated by 0 users
Latest post 03-11-2009 3:36 PM by adjuster jack. 3 replies.
  • 03-11-2009 1:48 PM

    A little advice on a "Failure to Control Vehicle" Citation.

    Hi, I'm 22 years old, in Milwaukee, Wisconsin and I just recieved my first ticket.

    I recently recieved a traffic citation, I believe the exact phrase was "failure to control vehicle", and I'm planning to contest it and would like to know what the best course of action a professional lawyer would recommend.  I've heard it's always a better idea to do these things 'trial by mail', because it gives the officers less incentive to complete there part of the legal offensive. (ie no court appearance = no overtime pay)  The situation was strange in itself.

     

    I was driving on the freeway with my friends, and as I was turning down the off ramp, this small blue sedan that was creeping up in my rearview mirror showed no signs of reducing it's speed, I didn't panic but I knew that if I couldn't decrease my speed, my car would not be able to handle the turn, (I drive a '97 Dodge Neon), so I tried to pull off to the side of the road and ended up going into the ditch while the blue car zipped right past me.  I was stuck down there for 10-15 minutes before a good samaritan came along and used his truck to tow me out.  As this is all happening, a cop shows up, waits until I get back up the hill, asks me a few questions, and then writes me a ticket for events he didn't even witness.  I told him exactly what happened, between me, the other car, and I even had friends to corroborate my story but he didn't seem interested in talking with them.

    I've read online that for moving violations officers can't actually cite you for an infraction they didn't witness but I couldn't verify that one way or the other.  I'd really appreciate some council in this matter, as I really don't want to pay the ticket or lose the 4 points off my license.

    Thanks,

    Henry.

  • 03-11-2009 3:03 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,455

    Re: A little advice on a "Failure to Control Vehicle" Citati...

    Tickets are written everyday by officers that didn't witness the accident when it happened.  Think about it!

    What you had was a one car "accident" that obviously didn't result in any injuries or damage.  You were just unlucky that an officer happened by and decided to cite you.  In my opinion, the cite is correct but it likely did NOT have to be written.

    Go to court, tell your story and see what happens.  If they allow you take classes to avoid fine and/or points, do it.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 03-11-2009 3:24 PM In reply to

    Re: A little advice on a "Failure to Control Vehicle" Citati...

    Thanks for the feedback, I guess I'm just angry at the absurdity of the whole thing.  It doesn't appear I have much legal recourse but that doesn't mean I don't abhorrently object to the whole thing on principle.  I just feel that if an officer is stopping in that situation it should be to ask if anyones injured or offer help.  He did neither, just stood by his car like a highway vulture waiting for his oppritunity to 'cite'.  Also, I'm having trouble locating, failure to control, anywhere in the Wisconsin DOT's vehicle code.  Anyone no where I can find it?

  • 03-11-2009 3:36 PM In reply to

    Re: A little advice on a "Failure to Control Vehicle" Citati...

    Sorry, but you aren't going to beat this ticket no matter what you do.

    "I knew that if I couldn't decrease my speed, my car would not be able to handle the turn,"

    Then you were already going too fast for conditions, which is another ticketable offense.

    "I tried to pull off to the side of the road and ended up going into the ditch"

    Then you failed to control your vehicle. Had you controlled your vehicle you would not have landed in the ditch.

    I suggest you go to traffic school if you are eligible and it keeps the ticket off your record and out of the hands of your insurance company.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
Page 1 of 1 (4 items) | RSS

My Community

Community Membership New Users: Search Community