What are my rights if I went into a ditch on my way to work but got a ticket eventhough nobody was hurt and there were no other vehicles involved?
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What are my rights if I went into a ditch on my way to work but got a ticket eventhough nobody was hurt and there were no other vehicles involved?
There was no cop to witness it and I was able to drive my truck home with no problems. I didn’t hit anybody else and did no damage to my own vehicle. A passerby called the cops and they showed up to my house. I told them everything was fine but they said the passerby told them I seemed like I had been drinking. When the cop realized I had not been drinking he still gave me a ticket for “fail to maintain control”. Can I fight this ticket?
Asked on April 1, 2014 under Accident Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can fight the ticket, but it will be an uphill battle because your defense arguments would have to explain how or why you went into the ditch and why that shouldn't be construed as failure to maintain control of your vehicle. Since there was a witness and you admitted to the cop that you went into the ditch, it will be difficult to prevail.
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