Crashed car - help

[tasmanian]

Originally posted by: timosyy
Googling this charge is scary. Class 1 misdemeanor? Considered Reckless Driving? Fine/Jail time?

I've been driving since 16 (i'm nearly 22), never got a single ticket/any sort of run-in with the police for anything in my life. I'm a senior in college with a 3.8 GPA (so i spend most of my time studying and not doing stupid things), and now I'm looking at a criminal record for crashing my car in a thunderstorm?

lessons learned.

The lesson you should have learned is how to control your car during a hydroplane. How did you react when you hit you started to hydroplane?

 

[lxskllr]

Originally posted by: timosyy
Googling this charge is scary. Class 1 misdemeanor? Considered Reckless Driving? Fine/Jail time?

I've been driving since 16 (i'm nearly 22), never got a single ticket/any sort of run-in with the police for anything in my life. I'm a senior in college with a 3.8 GPA (so i spend most of my time studying and not doing stupid things), and now I'm looking at a criminal record for crashing my car in a thunderstorm?

lessons learned.

Don't worry about it. Most maximum fines go way over what's given in the real world. If I had to guess I'd say it's a $170 fine(is that on the ticket?), and 2 points.

 

[timosyy]

It was a highway so I was going rather fast. It's not the first time I've hydroplaned... but this time I couldn't get control back. I let off the gas and tried to keep the car as straight as possible. It swing left, however, which is when I realized I wouldn't be able to get control back. And then it just kept spinning, hit the guardrail, etc., what I said in the first post.

Nothing written on the ticket other than the charge and the court date.

 

[BoomerD]

Originally posted by: timosyy
Googling this charge is scary. Class 1 misdemeanor? Considered Reckless Driving? Fine/Jail time?

I've been driving since 16 (i'm nearly 22), never got a single ticket/any sort of run-in with the police for anything in my life. I'm a senior in college with a 3.8 GPA (so i spend most of my time studying and not doing stupid things), and now I'm looking at a criminal record for crashing my car in a thunderstorm?

lessons learned.

meh...what state are you in?

Talk to the judge, tell him you hit some pooled water on the freeway that you couldn't see. (it was at night, right?) Your car hydroplaned and crashed. Explain that while it's probable that you WERE driving too fast for the conditions, you didn't realize how bad it was until it was too late. Then, kiss his ass and ask for traffic school.

 

[tasmanian]

Originally posted by: timosyy
It was a highway so I was going rather fast. It's not the first time I've hydroplaned... but this time I couldn't get control back. I let off the gas and tried to keep the car as straight as possible. It swing left, however, which is when I realized I wouldn't be able to get control back. And then it just kept spinning, hit the guardrail, etc., what I said in the first post.

Meh. Just plead not guilty. Remember most cops are fucking assholes who give tickets out for stupid shit. The judges can usually see through that, you just have to convince him the cop was wrong.

 

[seemingly random]

Originally posted by: timosyy
Googling this charge is scary. Class 1 misdemeanor? Considered Reckless Driving? Fine/Jail time?

I've been driving since 16 (i'm nearly 22), never got a single ticket/any sort of run-in with the police for anything in my life. I'm a senior in college with a 3.8 GPA (so i spend most of my time studying and not doing stupid things), and now I'm looking at a criminal record for crashing my car in a thunderstorm?

lessons learned.

I wouldn't read any profound significance into this incident. I'd call it just bad luck. Get used to it - it won't be the last time.

From the above, you have a lot going for you. If you're really worried about being nervous, hire a mouthpiece to go to court with you. On the other hand, if you get a judge with a heart, he might let you off if you're a concerned bundle of nerves.

If it's truly a misdemeanor, you might be able to get it expunged.

If money's tight, you might try a public defender. At least they might be able to give you some answers.

 

[Lean L]

Yeah, this stuff is scary if you go by the books. I once cut through a gas station and was cited for improper passing. It would have been three points on my license but I showed up and pleaded not guilty. I ended up not getting the points but had to pay ~180, the thing is, I realized after I left the courtroom that my citation officer wasn't there, I could have not even paid if I asked if he was there. So if you choose to plead not guilty and they offer you a plea bargain when you are there MAKE SURE you ask them if your citation officer is there.

 

[lxskllr]

Originally posted by: iamanidiot
Yeah, this stuff is scary if you go by the books. I once cut through a gas station and was cited for improper passing. It would have been three points on my license but I showed up and pleaded not guilty. I ended up not getting the points but had to pay ~180, the thing is, I realized after I left the courtroom that my citation officer wasn't there, I could have not even paid if I asked if he was there. So if you choose to plead not guilty and they offer you a plea bargain when you are there MAKE SURE you ask them if your citation officer is there.

In MD they do it by cop. All the people that were ticketed by a particular cop are grouped together, and you go up 1 at a time. If the cop isn't there, it's obvious. You get to the stand and plead not guilty. The judge sends you off to the side to finalize some paperwork, and you're out in a few minutes.

I've seen some slower members of society plead guilty even when the cop isn't there, and the judge wouldn't allow it. He'd prompt the person to make the correct plea, sometimes giving up with the particularly dumb ones, and overriding their plea with not guilty :^D

 

[Perknose]

Given the circumstances, the judge will back the cop no question. Was the cop a reasonably decent guy? If I were you, I'd contact him before the trial date (call the station/precinct and ask for Officer Smith -- reference the number on your ticket if asked) and plead your "starving but upright student who has now learned his lesson" or whatever in a very straightforward manner to him, and ask if he'll consider reducing the charge.

If he will, then he'll work it out with the JP/Judge in advance.

Otherwise, son, ante up and get a connected lawyer.

 

[Lean L]

Originally posted by: lxskllr

Originally posted by: iamanidiot
Yeah, this stuff is scary if you go by the books. I once cut through a gas station and was cited for improper passing. It would have been three points on my license but I showed up and pleaded not guilty. I ended up not getting the points but had to pay ~180, the thing is, I realized after I left the courtroom that my citation officer wasn't there, I could have not even paid if I asked if he was there. So if you choose to plead not guilty and they offer you a plea bargain when you are there MAKE SURE you ask them if your citation officer is there.

In MD they do it by cop. All the people that were ticketed by a particular cop are grouped together, and you go up 1 at a time. If the cop isn't there, it's obvious. You get to the stand and plead not guilty. The judge sends you off to the side to finalize some paperwork, and you're out in a few minutes.

I've seen some slower members of society plead guilty even when the cop isn't there, and the judge wouldn't allow it. He'd prompt the person to make the correct plea, sometimes giving up with the particularly dumb ones, and overriding their plea with not guilty :^D

In my case, they offered a plea bargain before I even got in the courtroom, I had no idea he wasn't there until I realized he wasn't at the hearing.

 

[timosyy]

Ugh... I was just going to go in and plead guilty and pay whatever fines, but Class 1 Misdemeanor, Reckless Driving, up to 1 year in jail/$2500 fines = time to find a lawyer?

 

[guyver01]

Originally posted by: timosyy
cop wrote me up/charged me with "failure to maintain control of the vehicle" and i have to appear in court.

"failure to maintain control of the vehicle" basically means "Driving too fast for conditions" .. this is basically what they charge most drivers that cause accidents.

see a lawyer.. they probably won't let you plea bargain this down to a lesser charge... but a lawyer might help ya avoid doing jailtime.

 

[lxskllr]

Originally posted by: timosyy
Ugh... I was just going to go in and plead guilty and pay whatever fines, but Class 1 Misdemeanor, Reckless Driving, up to 1 year in jail/$2500 fines = time to find a lawyer?

Nah. Hardly anybody takes a lawyer to traffic court. Think of it more as getting sent to the principles office, than a criminal trial. There's obvious exceptions of course(DWI), but you'll be alright.

 

[guyver01]

Originally posted by: timosyy
Googling this charge is scary. Class 1 misdemeanor? Considered Reckless Driving? Fine/Jail time?

I've been driving since 16 (i'm nearly 22), never got a single ticket/any sort of run-in with the police for anything in my life. I'm a senior in college with a 3.8 GPA (so i spend most of my time studying and not doing stupid things), and now I'm looking at a criminal record for crashing my car in a thunderstorm?

lessons learned.

DO NOT listen to what most people here are telling you. SPEAK TO A LAWYER ASAP!

Although misdemeanors will usually result in lesser penalties than a felony, misdemeanors are criminal offenses in some states. Thus if you are convicted of a misdemeanor, you will have a criminal record.

You may also be jailed for up to one year, face the potential of losing your job, losing your driver's license among other penalties. A lot of people in the United States don't realize that certain misdemeanors may be treated as an aggravated felony by the Bureau of Citizenship & Immigration Services (formerly known as the INS). Thus a conviction for a misdemeanor may also result in deportation proceedings by the USCIS.

 

[lxskllr]

Originally posted by: guyver01


DO NOT listen to what most people here are telling you. SPEAK TO A LAWYER ASAP!

Although misdemeanors will usually result in lesser penalties than a felony, misdemeanors are criminal offenses in some states. Thus if you are convicted of a misdemeanor, you will have a criminal record.

You may also be jailed for up to one year, face the potential of losing your job, losing your driver's license among other penalties. A lot of people in the United States don't realize that certain misdemeanors may be treated as an aggravated felony by the Bureau of Citizenship & Immigration Services (formerly known as the INS). Thus a conviction for a misdemeanor may also result in deportation proceedings by the USCIS.

When was the last time you heard someone come in from a trial after wreaking their car, and they tell you they got jail time?

 

[guyver01]

Originally posted by: lxskllr

Originally posted by: guyver01


DO NOT listen to what most people here are telling you. SPEAK TO A LAWYER ASAP!

Although misdemeanors will usually result in lesser penalties than a felony, misdemeanors are criminal offenses in some states. Thus if you are convicted of a misdemeanor, you will have a criminal record.

You may also be jailed for up to one year, face the potential of losing your job, losing your driver's license among other penalties. A lot of people in the United States don't realize that certain misdemeanors may be treated as an aggravated felony by the Bureau of Citizenship & Immigration Services (formerly known as the INS). Thus a conviction for a misdemeanor may also result in deportation proceedings by the USCIS.

When was the last time you heard someone come in from a trial after wreaking their car, and they tell you they got jail time?

There's a big difference between a minor crash, and being cited by a COP for "failure to maintain control of the vehicle", a class 1 misdemenor, who was BEHIND YOU while you did it.

Look in your local newspaper after big rainstorms and snowstorms, etc, for the people who caused accidents... they don't get a slap on the wrist. they get big fines, and sometimes jailtime.

Talking to a lawyer IS NOT going to make matters worse... it can only HELP him.

 

[timosyy]

I'm leaning heavily toward speaking to a lawyer, if only because I feel like he could represent me better in court/knows more of the legal jargon. Also because a criminal record for something like this is not in any way appealing. I don't feel like it was reckless driving... I generally consider myself a very safe driver. I almost never (because I can't actually remember and I probably have at certain points) go more than 5-10 above the speed limit, which is what I assume I was doing tonight (it was raining, I wasn't glued to the speedo). The simple facts were that I hydroplaned and crashed my car.

I don't mind paying a fine (using up officer's time, had to block a lane or two (didn't slow traffic down any, it was late at night), the cleanup of trash, etc.), but criminal record? Lawyer time. Knowing me in court I'd probably choke and forget to mention things I should be mentioning (zero priors, good poor college kid, etc.)

 

[guyver01]

Originally posted by: timosyy
I don't feel like it was reckless driving...

Sorry, but did you forget this?

Originally posted by: timosyy
It was thunderstorming & late at night (10pm)--

Originally posted by: timosyy
It was a highway so I was going rather fast.

Speeding excessively fast in poor weather conditions is definition of reckless driving.

 

[timosyy]

You've never driven 5-10mph over the speed limit when it was raining? Sure, its "reckless", I can see that. Should have driven slower, we all learn it in driver's ed. I don't think it falls under the legal category though, by which I mean, a criminal record... Like I said, I have no problem saying I was wrong, I should have driven slower, and I'll pay the fine, as tight as money is right now. But criminal record?

I'm trying to graduate summa cum laude in a year, and start looking for a job. I'm going to have a criminal record because I hydroplaned and crashed my car one night. Christ.

 

[guyver01]

Originally posted by: timosyy
You've never driven 5-10mph over the speed limit when it was raining?

nope.

sorry, when it's raining heavy, as it does in thunderstorms, i will drive UNDER the speed limit.

i've seen cops pull people over for driving the speed limit in heavy downpours.

If there is water layers on the road, then it is completely unsafe to be travelling at a high rate of speed.


Your next question should be "How many cars have you wrecked during heavy rain?"

me... NONE

You... at least one.

so who's doing it the right way?

 

[timosyy]

Fair enough (and i hate this timewarp stuff).

 

[dennilfloss]

You were going over the speed limit under storm conditions?:roll: That limit is for fair conditions given the engineering, state (straight, curvy, flat, hill...) & location (rural, urban) of the road. You're supposed to slow down substantially below it under adverse conditions.

At least that's what we were taught in driving school during the 70s.

 

[timosyy]

Fine. I agree. Is it worth a criminal record? I know i fucked up. I feel like complete shit right now. Totaled the car, family has NO money, have no idea what the hell we're going to do once the insurance stops paying for rental car (about a month), and I need to go see a doctor in the morning about my neck/knees. But Christ, when this is all over, I'd like a somewhat normal life to return to, not one in which I have a criminal record AS I'm trying to graduate and find a job.

"Oh hey, a 3.8-3.9 GPA, good job, wait whats this, you have a criminal record?"

 

[guyver01]

Originally posted by: timosyy
Fine. I agree. Is it worth a criminal record? I know i fucked up. I feel like complete shit right now. Totaled the car, family has NO money, have no idea what the hell we're going to do once the insurance stops paying for rental car (about a month), and I need to go see a doctor in the morning about my neck/knees. But Christ, when this is all over, I'd like a somewhat normal life to return to, not one in which I have a criminal record AS I'm trying to graduate and find a job.

"Oh hey, a 3.8-3.9 GPA, good job, wait whats this, you have a criminal record?"

nah.. it's gonna be more like... "Have you ever been convicted of a felony?" "No" ok.

Noone gives a crap about your gpa in the real world.

The only way that a conviction for a driving violation will affect ya, is if you want to Drive for a living. Forget working for UPS, Fedex, Dominoes, or anything like that. Ever.

 

[waffleironhead]

driving too fast for conditions is not a criminal offense. This is a civil fine. The charge makes sense. Quit being a dickscarf and take responsibility for your own actions.