Can I fight a ticket regarding a rollover?
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Can I fight a ticket regarding a rollover?
The roads were slick I was going around a corner my fuel pump cut out then came back which created a surge in power. The surge resulted in the vehicle sliding into the curb, I over corrected and the vey rolled. The
officer that wrote me a ticket for careless driving never asked if I was OK, he just kept asking me the same questions repeatedly changing it slightly each time trying to get me to give him the answer he wanted me to. I felt like he was coercing me. He still never checked to see if I was ok just told me that I was definitely getting a ticket that night. He then told me that based on what he was seeing he believes I was on something. The other officers on scene didn’t suspect that I was on anything; the medics on scene did not suspect so either. I have requested the police report of which I have yet to hear anything about. What are the odds of me fighting this? I mean it’s my word against the officers and I can’t get the police report.
Asked on December 17, 2018 under Accident Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have effectively no chance of "fighting" this: as you point out, it is your word against an officer's and in my experience, the courts always believe the sworn, trained, and "neutral" (no personal stake in the outcome) officer over a driver trying to avoid a ticket. And as you also admit in your question, you "overcorrected," which comports with common, everyday experience that a vehicle does not roll over unless the driver does something careless (or it is hit by another vehicle)--a judge can rely on his own experience driving to conclude that logically, you just have been careless.
What you may be able to do, if you otherwise have a good driving record, is get the prosecutor to offer you a plea to some lesser offense (less points and/or a smaller fine)--prosecutors will often do this. You would meet with him/her the day of court, when you get there.
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