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ranjuna

Citation for failure to control due to icy road

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I was recently issued a citation for failure to control my car. The road condition was poor and icy. While going at the posted speed I hit the ice patch and my car lost control, hitting another vehicle. However I was issued a citation for failing to control my vehicle. The question is am I at fault because road conditions are not in my control? Should I have gotten a ticket? Thank you and appreciate any input on this. 

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That is a typical situation for a failure to control ticket.  You are supposed to drive safely for the conditions.  If the conditions dictated  that the speed limit was too fast, and you spun out, they will cite you for speeding or failure to control.  Now, I don't practice in Wisconsin and I don't know if any WI attorney follow these boards. It may be worth a consultation to determine how WI looks at your situation.

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I was recently issued a citation for failure to control my car. The road condition was poor and icy. While going at the posted speed I hit the ice patch and my car lost control, hitting another vehicle. However I was issued a citation for failing to control my vehicle. The question is am I at fault because road conditions are not in my control? Should I have gotten a ticket? Thank you and appreciate any input on this. 

 

Well, you obviously did fail to control your vehicle so the ticket is proper. If you had controlled your vehicle you would not have spun out and hit another vehicle.

 

You are also negligent from a liability standpoint. When the road condition is "poor and icy" you must reduce your speed below the posted limit to compensate for the conditions. To fail to do so is negligence.

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Hi ranjuna,

 

If you decide a consultation is in order, or you'd like to discuss your situation in greater depth with a traffic law attorney, please feel free to use FindLaw's lawyer directory to find a qualified attorney in your area. You might also want to check out FindLaw's traffic ticket section for information to help you to decide whether it's worth it to fight a traffic ticket -- and if you decide it is, how to go about fighting it. Good luck.

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I agree that the road conditions are not in your control, but you weren't cited because of the road conditions.  You were cited because of your failure to control your car, and the speed at which you drive and the manner in which you drive most certainly are in your control.  You understand that, right?

 

While you might not have intended this, your post implies that you think you should be exempt from this ticket because you were driving "at the posted speed."  However, I assume what you really intended was that you were driving at the posted speed limit.  Right?  I further assume that you understand that the speed limit is not a recommended driving speed for all conceivable conditions and that it is, instead, the absolute maximum speed at which you may legally drive.  You understand those things, right?

 

I don't know how long you've lived in Wisconsin, but anyone who drives in an area where it snows and ice builds up on the roads should know that driving at the posted speed limit may very well not be safe in certain conditions and that driving safely may require driving under the posted speed limit.  Do you understand that?

 

Finally, you said, "my car lost control," but that doesn't make sense.  Your car didn't lose control of anything.  What you really meant is that you lost control of your car.  Right?  Obviously, that's exactly what happened.  Otherwise, you wouldn't have hit the other car.  Right?

 

So...do you still think the ticket wan't appropriate?

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