QUESTION
How can I fight a charge of driving on roadways laned for traffic?
Asked on Feb 01st, 2013 on Automobile Accidents - Michigan
More details to this question:
I feel that I was not at fault. In short, I was driving down a semi steep hill when it was snow covered, and I was going BELOW the speed limit and steadily applying brakes ( lightly) when the brakes locked up and I started swerving. I couldn't regain control and therefore I hit the embankment and actually " drove up it" to the top and " flew" in the air and landed the front of my car on the drivers side and then it preceded to flip back over to the right and skid to a stop. I feel like it is unfair and I am going to court to fight it and I was wondering what I could do to win this? I am certainly going to mention how I was driving below the speed limit and taking precautions. There was a guy following behind me who witnessed everything who said he would come to court with me as a witness.
6 ANSWERS
Ronald A. Steinberg
Subpoena the witness so that he HAS to show up in court. If you think that you are innocent, then fight the ticket, however I suggest that you have an attorney actually do it. If you are not experienced, you are likely to screw it up.
Answered on Mar 05th, 2013 at 11:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Ice and snow are "acts of God" and are a defense to negligence (maybe not the same thing as criminal or traffic) But I would think your testimony should carry the day. By the way unless you talked too much (most people do) the police will not be able to make a case against you. you should not have nee charged.
Answered on Mar 05th, 2013 at 11:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I have never heard of the charge driving on roadways laned for traffic. In fact, if a roadway is laned for traffic, it seems to me it is supposed to be driven on. Nonetheless, from what you described to me, you committed one or more traffic violations. I am assuming they charged you with a violation that is appropriate for driving off the road. To me, the most appropriate charge is driving too fast for conditions, because if your vehicle starts swerving on wet or icy surfaces, by definition, you are driving too fast for conditions (which can be below the speed limit). All I know to do is to tell your side of the story and hope the Judge or Jury agrees with you.
Answered on Mar 05th, 2013 at 11:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The fact you went of the road and crashed is good evidence that you were not proceeding with "due care and caution".
Answered on Mar 05th, 2013 at 11:41 PM
Ask for a court hearing, bring your witness and explain the case to the Judge.
Answered on Mar 05th, 2013 at 11:41 PM
Criminal Defense Attorney serving Englewood Cliffs, NJ
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Savyon Grant, Esq. & Associates
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You need to go with an attorney.
Answered on Mar 05th, 2013 at 11:41 PM