How to go about handling this ticket

[Avus_325is]

So yesterday afternoon a Maryland State Trooper shows up to my house and asks for me. I came to the door and the trooper informs me that I have to sign a ticket for my accident 3 weeks ago. I asked what he was charging me with. I got Neglegent Driving, minimum $275 fine and 3 points :shock: . Here I am unable to stand for more than an hour at a time, in a back brace, with my jaw wired shut and this guy wants to give me the biggest ticket possible. There was no property damage and no other vehicles involved besides my own. Anybody had experience with something like this? What do you guys suggest?

[KenC]

So did you not report it to the DMV or what?

What this the accident when you fell asleep behind the wheel?

[nando]

take it to court! Did the cops show up? if they weren't at the scene, I don't see any way for them to give you a ticket. 3rd hand information from witnesses isn't worth much. tickets are always worth fighting, usually they will drop the amount of the ticket, if not drop it altogether.

[Avus_325is]

Yes this was the time I fell asleep at the wheel. The police came to the scene, and I was walking around like I was fine(deffinately in shock). I passed out in the car on the way to the hospital (in my shock I signed a refuse treatment form when the ambulance came). They discovered a cracked t12 vertabrete and 2 fractures to my jaw. Police just now came by. I realize I fucked up, it's just I think this is a little stiff for someone who had to spend 6 days in the hospital (6g's in bills) and is going to have back problems for the rest of their life.

[brodee]

definately take it to court. To prove neglegent driving they need to prove you had intent, if you just fell asleep there was no intent or consious effort by you to drive negligently.

[KenC]

How can you act like you don't deserve the ticket? You fell asleep at the wheel. You're lucky you went off the road and didn't hit anything. You could've killed someone. I'd be happy just paying the ticket.

[bimmerphile]

How can you act like you don't deserve the ticket? You fell asleep at the wheel. You're lucky you went off the road and didn't hit anything. You could've killed someone. I'd be happy just paying the ticket.

I agree. Granted, it sucks that you have a fractured T12, among 6K in medical bills, but it is all a result of something you did. It's not like the sandman was sitting next to you and decided to make you fall asleep at the last minute.

I think any judge you encounter will have the same reaction: You were not in fit shape to be driving in the first place, thus neglecting your responsibility as a safe driver. I'd be glad they don't take away your license.

Definitely a shitty situation any way you look at it.

---

BTW, my dad fractured his T12 in a skiing accident last year, and is almost at 100% recovery. There is hope! :)

[franz]

That's too harsh. Just go to court and negotiate. I got a ticket once like that, I mean they showed up at my door a week later, and I didn't even cause an accident. Must have cut off a plain clothes or off duty cop. I also fought a ticket when I plowed into the back of a Subaru with my 4x4 becuase the conditions were so bad the Sub couldn't go up a little hill, I cas coming down a big one and couldn't stop. I went to court both those times and ended up with no points and small tickets or court costs.

[Drake]

Here's a trick that my buddy uses successfully

If you decide to pay the ticket, send them a cheque for slightly more than the actual amount(so 280 in your case). They'll send you a $5 cheque back (don't cash it). In their computer it'll say that you've paid, but it'll still say transaction not completed, becuase you haven't cashed their cheque. Becuase of this the points will never be taken off your license, so long as you never cash that cheque.

In the end you'll end up paying $280 for a $275 ticket, but you won't get any points on your license, which will likely save you tons in the long run

If you're gonna be paying anyways, it's definitely worth a shot

[franz]

Here's a trick that my buddy uses successfully

If you decide to pay the ticket, send them a cheque for slightly more than the actual amount(so 280 in your case). They'll send you a $5 cheque back (don't cash it). In their computer it'll say that you've paid, but it'll still say transaction not completed, becuase you haven't cashed their cheque. Becuase of this the points will never be taken off your license, so long as you never cash that cheque.

In the end you'll end up paying $280 for a $275 ticket, but you won't get any points on your license, which will likely save you tons in the long run

If you're gonna be paying anyways, it's definitely worth a shot

That is urban legend, don't believe it!

[Drake]

I've seen it work

Mind, it may be different in the States than up in Canada.

[Avus_325is]

definately take it to court. To prove neglegent driving they need to prove you had intent, if you just fell asleep there was no intent or consious effort by you to drive negligently.

Is this true?

Like I said I know I fucked up, but I know plenty of people who have been in accidents that were actually the result of them doing something wrong(i.e. driving aggressively, speeding, not payin enough attention) and they end up getting off because the road had a few pebbles on the road or it had been raining slightly. I mean it's not like I dragged myself out of bed after being out drinking all night and tryed to drive 15 minutes to work. I had gotten to bed around midnight the night before and hadn't been drinking (blood work done in the emergency room confirms this), I had gotten up, grabbed some breakfast and a cup of coffee and headed to work. I don't know why I fell asleep, maybe because i've been traveling the same boring 2 lane country road to work for the last 4 years.

[e304lyfe]

not going to court would just be stupid.

you're already down 275 and 3 points, so paying the court fee wouldnt be much more, and you have a good shot at knocking off some points and/or getting the ticket reduced or thrown out.

[dgspikes]

Sorry to steal this thread, but last week, i got an 83 in a 55. If anyone who lives in NY has ever dealt with this, can i get some suggestions. supposedly i might get 6 points on my liscense for it being that high. Will i be able to represent myself in court to try and plea bargain it for a lower number. Or do i have to get a lawyer (even more $). either way, im screwed financially, insurance, paying the ticket, and possible laywer. tia -dan

[Avus_325is]

More than 25 over is Reckless at least here in Maryland and Virginia. Usually a 5 point ticket and immediate suspension of your licsence. Good luck with it, hopefully you have a clean record and can get the judge to reduce it to under 25 over.