Failure to Maintain control(Not trying to start a ticket theme)

jaretac

Well-Known Member
Nov 26, 2006
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Frigidaire
In your case there was no evidence that you were speeding. In this case, there's plenty of evidence to suggest that the driver failed to maintain control of her vehicle.

This reminds me of a question a cop asked me yesterday. If someone has un-consenting sex with a prostitute, is it rape or shoplifting? Seriously, it is a big debate inside his department on what the charge should be for such a act.
 

nickp50010

Member
Sep 4, 2008
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Ames
on a side note.. what the hell does issuing a ticket solve that the accident itself already hasn't?

"yea you crashed and about died. heres a ticket for $150 bucks. ... Just doin my job to keep you safe." :skeptical:

Insurance purposes. The citation proves to the insurance company that the officer believed (more than likely by what the offender said) that the driver was not paying attention. Does the officer have to issue a citation? No.
 

nickp50010

Member
Sep 4, 2008
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Sounds like it was the correct ticket for the situation, and I don't think there's any way you can get out of it.

I once contested a reckless driving ticket for spinning my tires in an empty parking lot, and it was dropped because there was nothing around to hit, and the ticket should have been excessive acceleration. This doesn't sound like that type of thing.

Call me ignorant, but is "excessive acceleration" really a ticketable offense? How about "excessive deceleration" or "too slow acceleration"?

It's less about the acceleration and more about the burn out. I've heard of "Exhibition of Speed" also. They both would be more Reckless Driving to me.

For the most part, it is a careless driving citation.

Iowa Code 321.277A Careless driving.

A person commits careless driving if the person intentionally operates a motor vehicle on a public road or highway in any one of the following ways:
1. Creates or causes unnecessary tire squealing, skidding, or sliding upon acceleration or stopping.
2. Simulates a temporary race.
3. Causes any wheel or wheels to unnecessarily lose contact with the ground.
4. Causes the vehicle to unnecessarily turn abruptly or sway.


http://www.legis.state.ia.us/IACODE/2003/321/277A.html
 

DoOrDie

Member
Nov 3, 2010
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I rolled my car last winter, and I didn't get a ticket. I was also in Minnesota in awful weather conditions.

I don't know that fighting the ticket will do any good.

I didn't really add to the conversation, except to provide an example and add my $0.02. I think you understand what's important already, but it's really annoying to understand the lesson AND have to pay an unnecessary ticket.
 

Me State

Well-Known Member
Oct 19, 2007
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This reminds me of a question a cop asked me yesterday. If someone has un-consenting sex with a prostitute, is it rape or shoplifting? Seriously, it is a big debate inside his department on what the charge should be for such a act.

If force is used I guess you could argue that it was robbery.
 

hawkeyeh8r

Well-Known Member
Jun 10, 2010
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i havent read anything after page 1 but I was just wondering if the accident happened on the on-ramp of university and 30. I saw a vehicle that looked like it had rolled a few times the other day