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I have a serious question

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Old Jul 19, 2001 | 07:21 PM
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Madracer1's Avatar
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Default I have a serious question

Hi! I really hope that you guys can help me with one of my friend's question. He spun out trying to avoid a car in his blind spot while changing lanes. He panicked and he swurrved(sp) too quick back to his lane. That happend in Winsconsin( he lives in Minnesota). After that he recieved a ticket through the mail for not being able to control his car. My question is can that ticket be fought in court and can you go on probation for it???


Thank you soo much!!!
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Old Jul 19, 2001 | 07:22 PM
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Default Re: I have a serious question (Madracer1)

I live in CA and have never heard of that one before.
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Old Jul 19, 2001 | 07:28 PM
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Default Re: I have a serious question (Chris)

How come the police officer or whomever didn't issue him a ticket at the scene. Correct me if I'm wrong, but doesn't that violate your 5th amendment right?
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Old Jul 19, 2001 | 07:29 PM
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eurodeseo's Avatar
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Default Re: I have a serious question (Madracer1)

That sounds kinda fishy to me.
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Old Jul 19, 2001 | 09:00 PM
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Default Re: I have a serious question (Madracer1)

Almost the exact same thing happened to me!!!

Basically someone came into the lane as I was going into that lane (three lane rd), so I panicked and swerved. But I didn't get a ticket. The cop told me that I lost control of the car in order to avoid an accident, so i didn't deserve a ticket. But I did have a witness that saw it happen...so I'm not sure about your situation. But I would try and fight it.

Good luck!
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Old Jul 20, 2001 | 07:22 AM
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Default Re: I have a serious question (Madracer1)

YES!! You can get a ticket for losing control of your car...but its usually is in combination with another moving violation (eg. speeding, defective equipment, failing to stop...etc) In this particular circumstance, he was probably ticketed for an unsafe lane change. The officer should have wriiten that on the ticket if he wants it to have any chance of surviving an appeal by the driver in court. If there is no mention of why your friend lost control on the ticket...then you may have a slight chance in traffic court.
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Old Jul 20, 2001 | 09:21 AM
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D's Avatar
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Default Re: I have a serious question (Madracer1)

Take EVERYTHING to traffic court. and if it doesn't go your way, appeal it.

D
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Old Jul 20, 2001 | 10:28 AM
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Default Re: I have a serious question (steve c)

It is probably a citzens complaint which triggered the ticket in the mail. Fight it, it is your word against theirs, and hear/say usually does not merit a conviction.
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Old Jul 20, 2001 | 11:03 AM
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Default Re: I have a serious question (ILOVERACING)

How come the police officer or whomever didn't issue him a ticket at the scene. Correct me if I'm wrong, but doesn't that violate your 5th amendment right?
The 5th amendment is the right to not self incriminate yourself. Don't know what your talking about.

Fact is, even in CA, the police can issue a citation after the fact without witness. This simply means you have to go to trial defend your inocense, as you are not guilty untill proven otherwise. In CA the cop showing up after the fact writing a report and issuing a ticket does not make him a wittness and can not testify that he saw anything.

The way to fight this is get the report and prove you were not doing what ever he claimed you did.

Good luck.
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Old Jul 20, 2001 | 12:02 PM
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Default Re: I have a serious question (itr1275)

This is going to sound worse that I intend: but there's no such thing as a blind spot.
Theres always a part of the object, be it a car, motorcycle, bicycle or pedestrian to be seen if youre paying attention and driving civil.
Think about it.

That is rather lame that you get a ticket after the fact, perhaps the police report was reviewed and it was determined that your friend commied the offcence that he got a ticket for.
Demian
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