"Fail to drive with due care" Citation
mr.khaz...@gmail.com
Hello, I came across this group while searching for some more
information about the citation I received today.
This morning while driving on 35W, I changed lanes a few times and
passed some cars. It was about 9:30 am, and traffic was still fairly
dense due to the construction that is going on on that freeway. As I
was driving, while I was not looking at my speedometer, I was aware
that I was keeping pace with the traffic flow for the most part. A
good portion of 35W is 3 lanes due to construction, and it then
becomes a 4 lane. Once I reached the 4 lane portion and was more free
to maneuver, I noticed that about 5 cars back there was a state
trooper with his lights flashing. I, assuming the trooper was on a
hurry to get somewhere, so I like the other cars behind me, signaled
and moved to the right lanes, but then I realized that he was actually
coming after me as I then pulled over to the side.
I was shocked as this has been my first traffic violation ever, and
was not sure what to say or do. He came out and asked where I was
going and if I knew how fast I was going. I told him I was going to
the University and was not sure what my speed was, but I thought I was
fine as I was going with the traffic.
He then stated that I was going "almost about 75 mph" in a
construction zone, and that I did not use my blinkers. I knew and KNOW
for sure that I DID use my blinkers while changing lanes, and there
was no way for me to even go that fast.
He left and came back with the citation. On it, it says "Fail to drive
with due care."
In the next section below, it looks like he had originally checked the
"SPEED MS169.14" box. But the "___mph in a ___mph zone" is left blank,
and then the whole thing is crossed out.
Being that he does not have a speed recorded, either I was indeed not
speeding, or I am guessing he was not able to get a reading of my
speed from several cars back?
I am really scared however, because it seems like the fine for it is
$145, and that is doubled if in a construction zone? I also do not
know how bad a "Fail to Drive with Due Care" is. Other than a no-fault
accident that I got into 3 years ago, my record is completely clean of
any traffic or even parking violation what so ever. Being that I am a
college student and not very flexible financially, I often ride the
bus to campus in order to avoid parking cost. $145 alone is too much
for me to handle, let alone $290 along with an increase in my auto
insurance.
I apologize about the long post, but I am in desperate need of your
advice and guidance. How much trouble am I in? What does this mean? Is
there a way for me to fight it given my clean record and no speed
being written on this citation? How badly will this hurt me, and what
are my options?
Your help and advice will be greatly appreciated.
Thank you
Skipfromla
wrote:
>State: Minnesota
>
>Hello, I came across this group while searching for some more
>information about the citation I received today.
>
>This morning while driving on 35W, I changed lanes a few times and
>passed some cars. It was about 9:30 am, and traffic was still fairly
>dense due to the construction that is going on on that freeway. As I
>was driving, while I was not looking at my speedometer, I was aware
>that I was keeping pace with the traffic flow for the most part. A
>good portion of 35W is 3 lanes due to construction, and it then
>becomes a 4 lane. Once I reached the 4 lane portion and was more free
>to maneuver, I noticed that about 5 cars back there was a state
>trooper with his lights flashing. I, assuming the trooper was on a
>hurry to get somewhere, so I like the other cars behind me, signaled
>and moved to the right lanes, but then I realized that he was actually
>coming after me as I then pulled over to the side.
>
>I was shocked as this has been my first traffic violation ever, and
>was not sure what to say or do. He came out and asked where I was
>going and if I knew how fast I was going. I told him I was going to
>the University and was not sure what my speed was, but I thought I was
>fine as I was going with the traffic.
Going with the flow of traffic is not a legal defense for speeding
anywhere in this country and is right up there with the "but everyone
is doing it" defense.
It appears you are in some $$$ trouble with both the court and your
insurance company, maybe some points on your driving record too.
Your options start with pay the citation and be happy you weren't
cited for speed that most likely would have been more $$ and points on
your driving record.
The first thing to do is contact the court and find out exactly what's
going to happen to you if you plead guilty. Then, take a look at what
the cited section actually says; you can probably find that section of
law on line on the State if Minnesota web site. See if what's on the
citation is in agreement with the section.
If you decide to fight it, be aware that traffic courts generally have
a 90% conviction rate. This is because the officer knows how to
testify and exactly what elements he has to present while most
defendants don't have a clue.
Here are the 2 most common defenses:
1) But I was going with the flow of traffic
2) I didn't do it
In the absence of any other defense, they are both losers.
You'll need to find out what legal defenses are available or you can
pay an attorney about the same or more money than the citation and
insurance increase will cost you no matter what the outcome of the
trial.
Without knowing more, I'd say try to get traffic school. You'll
probably still have to pay the fine but you don't get points on your
driving record. Contact the court, let them know you want to fight
the ticket and request a court date.
Show up on your court date early and check to see if your officer is
there or not. If the officer isn't there the citations might be
dismissed out of hand although they may have a trial using the
citation or a officer's declaration. In any case, you can't confront
or cross examine the witness against you so you can request a
dismissal based on those grounds which may or may not be granted. If
the officer shows up you can ask the prosecutor, before your trial, if
you can take traffic school. If you go to trial and lose it's
doubtful you will be granted traffic school.
All of this takes a lot of time, including maybe 3 or 4 court
appearances in which you could be there for hours at a time.
Skip
Shahin K
Your response and advice was very useful and helps a lot. Thank you
very much for taking the time to respond. So are you saying that what
I received is actually better than having received a speeding ticket?
The thing is that how could I ever have any sort of a strong legal
defense in such a case where there is really nothing solid to defend
myself against? The way I was thinking about the flow of traffic was
not in the manner of saying I was going fast because everyone else
was, but to say that I could not have been speeding if I was going
with the flow of the traffic, which was about the speed limit. Would
that still fail as a defense? The officer did not provide any recorded
speed of how fast I was going. So really I was thinking it would be
more of a logical matter than anything else...
Also what CAN I use in my defense? Could my clean ticket-free record
be used as a defense? Because really I never break any laws...I even
use a stupid bluetooth headset while driving in order to avoid getting
in trouble.
In addition, how could I defend myself against the claim of not
signaling while changing lanes? When I saw him with his lights on from
several cars behind, I used my blinkers even though I did not know it
was me who he was coming after, and he saw me doing that.
What I got cited for sounds like a very very vague statute, and it
seems like it really puts driving drunk and every other careless act
in the same category as someone making a minor traffic mistake. Here
is what it states:
Subdivision 1.Duty to drive with due care:
No person shall drive a vehicle on a highway at a speed greater than
is reasonable and prudent under the conditions. Every driver is
responsible for becoming and remaining aware of the actual and
potential hazards then existing on the highway and must use due care
in operating a vehicle. In every event speed shall be so restricted as
may be necessary to avoid colliding with any person, vehicle or other
conveyance on or entering the highway in compliance with legal
requirements and the duty of all persons to use due care.
I will schedule an appointment with a hearing officer first, and see
what they say. And I have heard that traffic school may be an option.
But I am also considering taking it to court, although it does sound
like I would need a good defense, as I am also hoping the officer
wouldn't show up. Would you by any chance happen to know what type of
case the officer may make if they were to show up?
Thanks again
Skipfromla
<mr.khaz...@gmail.com> wrote:
>Skip,
>
>Your response and advice was very useful and helps a lot. Thank you
>very much for taking the time to respond. So are you saying that what
>I received is actually better than having received a speeding ticket?
It counts just as much for the officer's recap but since it's not as
bad as speeding it reduces the odds of him having to go to court.
It's up to the officer which offense to cite you.
>The thing is that how could I ever have any sort of a strong legal
>defense in such a case where there is really nothing solid to defend
>myself against? The way I was thinking about the flow of traffic was
>not in the manner of saying I was going fast because everyone else
>was, but to say that I could not have been speeding if I was going
>with the flow of the traffic, which was about the speed limit. Would
>that still fail as a defense? The officer did not provide any recorded
>speed of how fast I was going. So really I was thinking it would be
>more of a logical matter than anything else...
No. To say you couldn't have been speeding because you were going
with the flow of traffic just means you aren't sure how fast you were
going because instead of looking at your speedometer you were making
sure you were going as fast as everyone else. You have no idea what
written records the officer might have. Lots of officers write notes
on the back of their copy of the citation or in a notebook
>
>Also what CAN I use in my defense? Could my clean ticket-free record
>be used as a defense? Because really I never break any laws...I even
>use a stupid bluetooth headset while driving in order to avoid getting
>in trouble.
If everyone with a clean record was let off, no one would ever get
cited no matter what they did or how many times they were stopped. A
clean record isn't a defense and doesn't excuse you although it helps
at the time of sentencing or if you are just paying the citation.
Basically, that type of defense says, "I'm really a great guy who
follows rules." Unfortunately, you were caught not following the
rules. You can see where it leads.
>In addition, how could I defend myself against the claim of not
>signaling while changing lanes? When I saw him with his lights on from
>several cars behind, I used my blinkers even though I did not know it
>was me who he was coming after, and he saw me doing that.
It's your word against the officer's. You might want to make sure
they are working and, if not, get them fixed and bring to court the
paid invoice from the mechanic. It might lead to a dismissal of a
failure to signal ticket.
>
>What I got cited for sounds like a very very vague statute, and it
>seems like it really puts driving drunk and every other careless act
>in the same category as someone making a minor traffic mistake. Here
>is what it states:
>
>
>Subdivision 1.Duty to drive with due care:
>
>No person shall drive a vehicle on a highway at a speed greater than
>is reasonable and prudent under the conditions. Every driver is
>responsible for becoming and remaining aware of the actual and
>potential hazards then existing on the highway and must use due care
>in operating a vehicle. In every event speed shall be so restricted as
>may be necessary to avoid colliding with any person, vehicle or other
>conveyance on or entering the highway in compliance with legal
>requirements and the duty of all persons to use due care.
Catch all sections generally have less fines than the individual
violations such as speeding, failure to signal, etc.
>
>I will schedule an appointment with a hearing officer first, and see
>what they say. And I have heard that traffic school may be an option.
>But I am also considering taking it to court, although it does sound
>like I would need a good defense,
The hearing officer is a good idea. As for needing a good defense,
from what I've seen, you don't have any legal defense.
>as I am also hoping the officer
>wouldn't show up. Would you by any chance happen to know what type of
>case the officer may make if they were to show up?
If the officer shows up he will testify as to his job and assignment,
where he was when he first noticed you, that you were driving a motor
vehicle in his jurisdiction at such a date, time and location and that
you violated that section by doing the things that satisfy the
elements of that section necessary for a conviction. After the officer
is finished you may testify - all you have to do for a dismissal is
show the court why the officer was wrong.
Good luck,
Skip
Shahin K
was looking for.
thanks
shahin