Where do I go from here? (Accident)

[Royal Tiger]

Originally Posted by Soybeanrice

Also, on monday the FHP officer that did my crash report told me his supervisor forced him to write a ticket. So I got a citation in the mail, which ill be contesting

Edit: Just got home and got his initial report... ~~14k. After the dealership does the supplement I'm thinking its done cause I believe at 20k its over the 80% limit of total loss and this initial report has non oem replacements in it.

While I rarely ever cited in a single vehicle crash, personally believing the crash is enough punishment, it seems most state agencies have policies on citing at all crashes because people complained about discretionary citations. So you’re welcome.

That being said, what would you be contesting for a careless driving type ticket? That you were in fact in control? Then you wouldn’t have crashed. I can see asking for a non point ticket if that’s what he gave you. I did that for people all the time. I’m just curious what your thoughts are here, as I rarely get to talk to people in a casual conversation after an incident. Again, I’m not giving you a hard time, I already said I wouldn’t have cited you unless you hit someone.

[Soybeanrice]

Originally Posted by Royal Tiger

While I rarely ever cited in a single vehicle crash, personally believing the crash is enough punishment, it seems most state agencies have policies on citing at all crashes because people complained about discretionary citations. So you’re welcome.

That being said, what would you be contesting for a careless driving type ticket? That you were in fact in control? Then you wouldn’t have crashed. I can see asking for a non point ticket if that’s what he gave you. I did that for people all the time. I’m just curious what your thoughts are here, as I rarely get to talk to people in a casual conversation after an incident. Again, I’m not giving you a hard time, I already said I wouldn’t have cited you unless you hit someone.

He has no testimony. I don’t need to defend myself, just plead not guilty

[Soybeanrice]

Update: Car is totaled. The frame rail around that holds the front right radiator support had a buckle. Estimate was ~19k and their initial settlement value is just under 25k. Just got this information

I actually saw the buckle with the service advisor and pointed it out (cause I wasn’t entirely sure if the frame was supposed to have a small bubble or not)

Also BRZ idea was lame. Corvette sounds better

[Royal Tiger]

Originally Posted by Soybeanrice

He has no testimony. I don’t need to defend myself, just plead not guilty

For careless driving? I’d get a conviction on that every day of the week and you wouldn’t have to say a word. What was the citation for? I’d have to see what the wording is in the section he used.

Thanks.

[Soybeanrice]

Originally Posted by Royal Tiger

For careless driving? I’d get a conviction on that every day of the week and you wouldn’t have to say a word. What was the citation for? I’d have to see what the wording is in the section he used.

Thanks.

How could you get a conviction on something you can’t testify? He has no witness and he didn’t see it happen.

I don’t see much explanation on the citation.

[SlingShot]

Originally Posted by Soybeanrice

He has no testimony. I don’t need to defend myself, just plead not guilty

All he has to testify to is time of day, traffic and weather. You can't blame it on anything else but yourself. It wasn't the car, it wasn't the road and it wasn't mother nature. You simply going to fast for conditions, hence careless driving. Just pay the fine and do driving school to avoid the points, unless you have already used up the school option for the year.

[Royal Tiger]

Originally Posted by SlingShot

All he has to testify to is time of day, traffic and weather. You can't blame it on anything else but yourself. It wasn't the car, it wasn't the road and it wasn't mother nature. You simply going to fast for conditions, hence careless driving. Just pay the fine and do driving school to avoid the points, unless you have already used up the school option for the year.

Exactly.

[DSX_Camaro]

I don't get how that works, considering the lowest speed limit on the 528 is 55 and OP said he was going 50, so he's within reasonable, safe practice. I don't think he really deserves it, though yeah, the fact that it happened is questionable.


Granted, I also felt like I didn't deserve my 76 in a 70 ticket on the 417 at 1AM with no one else on the road, cruise control set with no cars for over 2 miles and minding my own business. But then, FHP probably wouldn't make enough money.


Contesting against an FHP ticket is silly, they're always right. They other guys are right too, pay it and move on.

[Soybeanrice]

Considering the officer A) was reluctant to write the ticket and even gave me non legal advice to contest it and B) my sheriff friend, which is also my childhood friend, told me to also contest it. I'm going to contest it.

The only thing the police officer can even say is the ~time of day. He did not know the traffic conditions. He did not know the road conditions at the time of the crash considering that when he arrived it had stopped raining and the car had been moved.

His original crash report said that I hit standing water; which I did. It pooled in the middle lane and my camaro went from a higher elevation (overpass) to a standing pool of water because the roads sit lower than the overpass

I dont want to argue about this online, but he literally has no testimony and is not qualified to make the judgement of "due care" considering he did not witness the crash and the conditions first hand.

I'm not taking 3 points on my license and an almost 200 dollar ticket because FDOT doesnt want to have roads that evacuate water properly. The best part is that I drove on the section of road where I crashed and they moved the cement barriers back about 2 feet (so now theyre not literally on the solid lines). The road is still crap and will definitely still hold water in the middle lane until they repave and lower the right hand lane, which in that case the overpasses would be sitting higher than all 3 lanes.

I'll just let you guys know how it goes. Going to get the court date here in a couple days once I get around to the clerks office

Edit: So I reread what you said... I'll leave my response, but I definitely took it in the wrong direction. Anyways, its not on me to defend myself but on the officer to prove that I was carelessly driving. If he some how gets past that I guess its time for an attorney.

Here is the statute on my citation http://www.leg.state.fl.us/statutes/...0316.1925.html
316.1925(1). "Careless Driving. Failed to use due care"

[Soybeanrice]

Originally Posted by DSX_Camaro

I don't get how that works, considering the lowest speed limit on the 528 is 55 and OP said he was going 50, so he's within reasonable, safe practice. I don't think he really deserves it, though yeah, the fact that it happened is questionable.


Granted, I also felt like I didn't deserve my 76 in a 70 ticket on the 417 at 1AM with no one else on the road, cruise control set with no cars for over 2 miles and minding my own business. But then, FHP probably wouldn't make enough money.


Contesting against an FHP ticket is silly, they're always right. They other guys are right too, pay it and move on.

The fact that it happened isnt questionable. Check the pictures and look at the difference between the 2 left lanes and the right hand lane. It explains pretty much everything. Especially coming off an overpass onto that.

Yes, my tires did regain traction, but I was going like 40mph backwards. Maybe if I dropped to second and floored it I wouldve spun around again? lol

[Royal Tiger]

No one is jumping on you Soy. I never liked citing in a single vehicle crash, but let’s put everything the same and you’re driving along and another car does what you did and hits YOU, totaling your Camaro. I have a feeling you’d want them cited, especially after your insurance company says you must be partially at fault since the other driver wasn’t cited (a sleazy tactic they pull to avoid full payouts). The trooper didn’t want to cite you as he probably feels it’s overkill, as a lot of us do. But don’t think just because he wasn’t there, you’d automatically win. It sounds like he’s a stand up guy so he told you to plead not guilty so he can amend it or drop it at the hearing and the report shows a citation was issued so he did his job. Good luck.

[redcoats1976]

living in central florida i agree,I-4 and the surrounding roads are pretty bad.and the downpours we get dont help.if you were going 5 under and hydroplaned you should contest it.

[Yellow Bullet]

I hope you get what you're looking for.... That's why I do 10 under...

[lbls1]

If the damage was extensive then I would want the car to be totaled. If the insurance company wants to fix it, then unless the shop can guarantee that they will be able to put the car back to specs or like "as new or as before" condition, then I would get rid of it soon after the repair. I am very particular with my cars, and for a car that I pay good money for it isn't worth keeping it if I can't maintain the car in mint condition (my opinion).

Glad you were able to walk away from the accident. Good luck with the outcome.