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maitlands13
12-31-05, 05:42 PM
I was in a car accident on 12/15. My tire got caught in a snow drift and I spun around and almost hit a car head on. I avoided that car but hit a tree. The officer never came to the sence while I was there or the hospital where I was taken by the emt's. I didn't get to met with him until 12/21. He wanted my ins info and gave me a careless driving ticket. He said that because I ended off the road and the damage to my car I was careless. I did research on my car and the NHSA did a crash test at the speed I was going at and my car had the same damage to it. I am fighting my ticket and he told me too. (whatever that means) I have heard that the officer has to interview you and issue the ticket within 24 hours. Is this true? Thanks Frustrated in MI


Texas PO-PO
12-31-05, 05:47 PM
Was it a one car collision and did you lose control of your car.

txinvestigator1
12-31-05, 05:49 PM
I have heard that the officer has to interview you and issue the ticket within 24 hours. Is this true?

No

That is a hope of a loophole that does not exist.


maitlands13
12-31-05, 05:51 PM
It was a one car accident and I did spin out after I tried to avoid the oncoming car. That is when I hit the tree

Texas PO-PO
12-31-05, 05:51 PM
I honestly cant answer this I can guess but in Texas things are different. I know you have to report an acc in w/in 10 days if no police arrive. Seems like it would be fine think of it as a warrant.

Oh ya guys correct me if I am wrong and I probably am!

Anyway if you wrecked your car for whatever reason you are at fault you do deserve the ticket. Sounds like for the weather conditions you were not cautious of your driving. (hince the accident) Why fight it? It will probably cost more in the long run.

Valor55
12-31-05, 05:51 PM
I was in a car accident on 12/15. My tire got caught in a snow drift and I spun around and almost hit a car head on. I avoided that car but hit a tree. The officer never came to the sence while I was there or the hospital where I was taken by the emt's. I didn't get to met with him until 12/21. He wanted my ins info and gave me a careless driving ticket. He said that because I ended off the road and the damage to my car I was careless. I did research on my car and the NHSA did a crash test at the speed I was going at and my car had the same damage to it. I am fighting my ticket and he told me too. (whatever that means) I have heard that the officer has to interview you and issue the ticket within 24 hours. Is this true? Thanks Frustrated in MI
I guess you don't have to know the English Language to get a driver's license in MI?

If he told you to fight the ticket, show up at court on the court date and contest it.

He's probably required by policy to issue tickets in accidents and that's why he gave it to you. In my state we are not limited by time or location for the investigation of a traffic accident. He probably knows if you show up and tell the judge what happened and what the road conditions were the ticket will get reduced or dismissed. I do that all the time when I write a ticket from an accident because I know my bosses don't like accidents without charges. We have to write a memo explaining why we didn't charge someone so it's easier to give you the ticket and tell you to come to court. In your case I'd expect the judge to affirm that you are supposed to take road conditions into consideration and slow down and slap you on the hand. Since nobody else was injured or had their car busted up because of you it would be a reduced fine or a dismissal here.

Lfpdlieu302
12-31-05, 05:51 PM
I was in a car accident on 12/15. My tire got caught in a snow drift and I spun around and almost hit a car head on. I avoided that car but hit a tree. The officer never came to the sence while I was there or the hospital where I was taken by the emt's. I didn't get to met with him until 12/21. He wanted my ins info and gave me a careless driving ticket. He said that because I ended off the road and the damage to my car I was careless. I did research on my car and the NHSA did a crash test at the speed I was going at and my car had the same damage to it. I am fighting my ticket and he told me too. (whatever that means) I have heard that the officer has to interview you and issue the ticket within 24 hours. Is this true? Thanks Frustrated in MI

no, this is not true. plead not guilty if you want and take it to court.

Texas PO-PO
12-31-05, 05:52 PM
Excuse my grammer I'm a moron:)

maitlands13
12-31-05, 05:56 PM
Thank you for your answers. They are very helpful. Mandy

mcsap
12-31-05, 09:28 PM
In my state we have 30 DAYS to file a traffic cite and that can be waived under certain circumstances.

Do you REALLY think that an officer MUST interview you within 24 HOURS ? I don't even have to interview you, I can just file a cite anyway.

scott715us
12-31-05, 10:08 PM
Sounds like too fast for conditions in my book, but I wasn't there. Officers can write tickets at a later time after their investigation is complete. It is up to the judge now. He will take all facts and evidence into consideration, and you will receive your answer in court. Good luck.

Valor55
12-31-05, 10:54 PM
Sounds like too fast for conditions in my book, but I wasn't there.
Failure to maintain proper control here. Class 1 misdemeanor (which is the most serious misd. here.) Mandatory court appearance, you can't prepay. You are required to take road conditions into account when driving.

If he were cooperative with me and didn't damage any cars but his own tell the judge and help him out. 99.99% chance the judge would reduce it to a traffic infraction, Improper Driving. We can't charge improper driving but judges can reduce RD's to ID's.

Reckless is 6 points, fine up to $2500, loss of license and possible jail. Improper is 3 points and a fine not more than $500.

cruzmisl
01-01-06, 03:33 AM
I can interview you anytime but have to issue any citations within 30 days.

mobrien316
01-01-06, 04:08 AM
On numerous occasions I have waited months to take enforcement action against a driver. However, those incidents involved accidents where someone was killed, and I had to wait for the M.E. reports (among other things) before I could submit my arrest warrant.

For an infraction, if I tried to issue one more than two weeks after the accident, I would need a reason to give the State's Attorney. He or she would probably call me and ask why I issued an infraction on 12/31 for an accident that occurred on 12/1.

Any reasonable answer would be fine and the ticket would stand. Pretty much the only time I've seen them tear up the ticket is if the officer said he forgot it was in his clipboard and didn't notice it until a few weeks had gone by.

P01IC3M4N
01-01-06, 02:11 PM
i think it would have been funny if he'd waited the full two years that the law allows.

RO56
01-01-06, 03:15 PM
I know you have to report an acc in w/in 10 days if no police arrive.In MI, if a driver is involved in an accident resulting in a death, an injury or if the PD is at least $1,000, you are required to report it 'immediately'.

Whether you are cited on-scene or months down the road is largely determined by things such as department policy, type of citation/crime and/or amount of investigation that needs to be done to determine what infractions or charges, if any, are applicable.