Discussion in 'Teacher Time Out' started by AdamnJakesMommy, Aug 8, 2018.
Aug 9, 2018
I hope all charges are dropped.
I am sorry to have misspoke about the age of the guardrail. Speeding wasn't the problem, but the law gives leeway when it adds the bit about exceeding the speed warranted by conditions of the road.
According to the search I quoted, most states follow the same kind of rules. I never spoke about the condition of your tires. My comments about tires is about how conditions of the tires can impact driving.
If you knew then what you know now, would you have foregone the police report? I would not hazard that guess.
Thank you! The people at the attorney's office seemed very confident they would be. I asked what would happen if the charges weren't, and the lady looked confused for a minute and said that she had never seen that happen unless somebody had a poor driving record with lots of tickets. I haven't had a ticket in over a decade, so barring some bizarre event, I feel they will be.
I have the police report. It gives the citation, but I am seriously very naïve on this stuff. I really didn't think it different than a speeding ticket. Like I said, I'm as straight-laced as they come. I really don't speed, run lights, slide through stop signs, swerve, weave, anything really. I drive a seven-passenger mini van, normally with children in tow---thankfully they were not with me that particular day. The only speeding ticket I have is from when I was 19, fourteen years ago, and a very different stage of my life.
So basically, I literally have zero experience with police, charges, courts, attorneys, the whole shebang.
You have assumed that because I know how the driving regs are written that I think you could change the outcome. Take a mental note not to take everything an officer says as gospel. They write the tickets that get you into the legal system, the land of bureaucracy and lawyers.
I have not assumed you could do anything to or for me. What I was simply doing was venting my frustrations on Teacher Time Out to members who read this forum. I was simply venting about being blindsided by a seemingly innocuous situation really creating quite a mess of my life. Pointing out my how my innocence almost led to walking into court on Tuesday with no representation not realizing there were criminal charges against me. And discussing how shocked I am that such a huge deal is being made out of such a trivial matter when I read daily of major criminal activities getting swept under the rug.
The only person who I have assumed will change the outcome is my attorney, who I am paying a chunk of change to do so. And I would think any sensible person would find an outcome other than charges being dismissed a ridiculous display.
I did not get into an accident, but I don’t like how laws are worded ambiguously. Why not say, “too fast for conditions such that you collide with another motorist, cause property damage, you strike/kill another pedestrian, you impede the flow of traffic, drive recklessly, etc.” That makes much more sense, but otherwise it’s left up to the officer to decide what’s “too fast,” which will almost always be the case.
I hate ambiguity. I like definite answers and explicit, strict definitions.
Maybe this is only in California, and maybe I'm wrong, but as far as I know moving violation are only infractions, not misdemeanors Obviously DUIs, etc are more than that, but an accident?
In my opinion this whole thing is bs. you cannot be at fault for hydroplaning. Even in the event of an accident, the insurance company will faults you at half, meaning mother nature is the other half. I once had an accident, skipped on black ice, and the insurance paid only for half. It was not my fault, but no one else's either, it was mother nature, so I guess I was half responsible. But no one mentioned any repairs on my part, or getting a ticket, etc.
And honestly, this was just the pinnacle of several bizarre, overwhelming events in my life---which is usually quite tranquil and uneventful. So I guess, this would also be the time to ask for prayers for the lump in my neck (I noticed this about two weeks ago).
So you know, the car accident, the mass in my neck, the inability to move into my new classroom due to repairs with no known end date---and then I find out hitting a guard rail carries a criminal charge---it all hit me a little hard yesterday
And this is the reason why I say at times, “Only in America.”
That sounds like the way it should be. I presume it's "so serious" in North Carolina (and I believe someone said 23 other states) in order to ensure people don't skip out on the bill from the DOT. The officer told me that was the reason/purpose for the citation, the state wants the citation issued to ensure either the driver or his/her insurance company pays for the damages. What I didn't realize during our conversation is that it was more than a "regular ticket." Which is why, when my insurance company said they were accepting liability, that I tried to present my letter, pay my fine/court costs, and be done. T
Which is, I guess, the thing that upsets me. The citation was ONLY given to ensure the guard rail will be paid for. I guess that bit makes sense, so then my insurance company confirms its liability for damage, thereby fulfilling the purpose of the citation. So, why is the driver left to fight the criminal charge in court? It seems like a huge and steep punishment if your only purpose is to get the money out of the driver, who isn't even contesting his/her responsibility to pay. And given that I have an attorney, the charges will likely be dropped---but what about people who are clueless? Maybe people aren't clueless. Maybe I was and will be the only one, *shrugs*
seriously, I wish I could back out of a double post.
Aug 10, 2018
They are trying to make more $$$$$$$$$$$$$$$!!!!!!!!!!!
You mentioned it was new asphalt, right? Between that and the light rain is why you lost control. So let's start with the rain. On roads and highways, there's always a bit of oil, dirt, and general grime both from the road itself and from cars that go over it. When it rains, all of that mixes with the rain to create essentially a slush of nastiness on the road. It takes time for the rain water to wash all of that away. I believe you can even check your drivers Ed manual which will confirm this.
The other thing is that new asphalt hasn't had the chance to be scratched down yet. The surface is still smooth from where they steam rolled it flat. Under normal circumstances, it's not that big of a deal, the rubber on your tires gets enough grip. Under wet conditions, however, new asphalt can be quite slippery because of how smooth it is. Think about it like this: when you pick out a pair of shoes, which is better for being outdoors a pair of slick soles or some with some tread? Of course the tread. Same reason you can walk on snow but on ice you might be in trouble.
Get yourself a lawyer, take a deep breath, I don't think you'll catch a criminal record.
I wanted to share this story with you. This past winter my husband got four points on his license after ice fell on our vehicles. We had our vehicles parked in the driveway more or less up against the house. They weren't in the garage like normal because we were having company over the next day so we had stuff set up in the garage. We were in the house and we heard this awful crashes out side. We go outside and massive chunks of ice had fallen off the roof and slammed my vehicle and lightly damaged his.
On mine there was damage from the front bumper to the back, the roof was compromised, glass broken, mirror missing. And these chunks of ice were probably 30-40lbs each. On my husband's truck it was only the hood, broken head light, dented bumper.
We call the insurance company, mine is a total loss no questions asked. Guy went ahead and Authorized the pay out on mine, and the repairs for hubby's truck. We get the check in the mall for mine, we use it for a down payment.
Fast forward two weeks and a Massachusetts State Police officer shows up at the house, tells us he needs to do an accident report. Ok great no big deal. Three weeks later we get a citation in the mail stating that hubby was responsible for the accident and they were charging him with the accident. He got 4 points on his license for that. Called a lawyer, first words out of his mouth was "did you guys go monster truck rally in your driveway?"
Once again, only in America... Good grief.
I don’t understand the context of your reply. Are you saying that only in the US are people charged for events that occur?
No, just the level of ridiculousness associated with them.
Wow. I'm sorry you have had this aggravation.
I hope you will find that your record is cleared.
Like you, I would hate that on my record.
I'm glad you were not hurt. Money can be replaced, but you can't!
Aug 16, 2018
My attorney went to court for me on Tuesday and all charges were dismissed. I didn't even have to pay court costs. I ended up saving money by having a lawyer!!!
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