I have a commercial driver license, I received my first ticket after 4 years of driving for "Failure to use Due Care"..

Asked about 2 years ago - Clearwater, FL

Basically i lost control in a work truck "ford ranger" while making a turn while it was raining and went off the road about 10 feet and hit a city water pipe. It was like 1000.00 in damages according to officer.. It just broke plastic cover and cracked 3 inch pipe.. City had it fixed in an hour. I was wondering since i have never had a ticket until now and have had safe driver on my license. Could I ask for A Prayer for Judgement.. So i don't acquire points and lose safe driver status. If not will they let me have an additional 30 day to pay ticket after 1st court appearance .. I go to court in 2 weeks..

Thank you in advance for all your help..

Attorney answers (3)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . Fight the ticket. Be able to show the court pictures of where this took place, that helps a lot. Be able to show how you actually did use due care. It's best to hire an attorney for this. Perhaps the officer who wrote the ticket will not even show up.

    R. Jason de Groot, Esq., 386-337-8239
  2. Craig A. Epifanio

    Contributor Level 18

    Answered . You need to hire an attorney to fight this. Just because the vehicle lost control does not mean that you failed to use due care. Taking photos of the area and the vehicle is also a good idea.
    Furthermore, with an attorney it wouldn't be necessary to go to court yourself and you don't have to run the risk of being cross examined. I practice in Pinellas county if you wish to give me a call at my number below.

  3. Royce Brent Bishop

    Contributor Level 16

    Answered . I would hire an attorney to explain all of these things and go to court with the attorney or meet them there at the time of the court appearance. You don't make a prayer for judgment. Sometimes a traffic judge will dismiss a ticket with a good driving record, but the damage is the problem that will be hard for the judge to overlook in deciding to dismiss a ticket. I like the idea that it is not your truck (if that is true) then maybe who owns the truck did not tell you about bad tires or bad brakes or that the truck pulls to the left or right. Yes, they would give you 30 days to pay if it is not dimissed. You could set it for trial and maybe the officer will be a no-show or maybe the officer will be nice and not say anything that would hurt your case. Especially if the police officer did not witness the accident and just came later to the scene.

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