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My son had a single car accident during bad weather (40-6-48 ticket). What exactly can I expect at court. What do we do now?

Clarkesville, GA |

No priors! Excellent grades in school. Girlfriend with him on way to college classes. Very bad weather. no other property damage, no one hurt. Went to hospital to be checked out, but not transported. Failure to Maintain lane ticket given.

Posted about 12 hours ago. Sorry I put it in the wrong place. Wreck occurred in Habersham County at 6:55am on Oct. 19th. Truck either hydroplaned or fishtailed on wet blacktopped 2 lane road during heavy heavy rain. Approaching a 4 way stop, applying breaks, he Left the right side of the road and landed on passenger side in a deep ditch. There is nothing on the citation except Failure to maintain lane.

Attorney Answers 3

Posted

Would you please supply us with a few more details so we can provide better advice?

In what county or city court are the charges pending?

What does the police report/what did the police officer say was the reason your son was cited for Failure to Maintain Lane?

You mention the weather was bad. What part did the weather play in his changing lanes, if that is what happened? For instance, did a strong wind push him out of his lane? Or did heavy rains cause him to slide out of his lane?

Thank you.

Attorney Peter Pearson

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2 comments

Asker

Posted

Wreck occurred in Habersham County at 6:55am on Oct. 19th. Truck either hydroplaned or fishtailed on wet blacktopped 2 lane road during heavy heavy rain. Approaching a 4 way stop, applying breaks, he Left the right side of the road and landed on passenger side in a deep ditch. There is nothing on the citation except Failure to maintain lane.

Peter James Pearson

Peter James Pearson

Posted

Failure to Maintain lane strikes me as an odd citation given those facts. Unless he was speeding, I am having a hard time understanding why a police officer would cite him under these circumstances. Hopefully a judge would see it the same way. Do you intend to hire an attorney to defend him? I would expect the cost could run between $200 - $750 to do so. I do not practice in Habersham County but if you like, you could call me on Monday and I will find you a local attorney that knows the Judges in that jurisdiction and will give you the best value for your money. Thank you. Attorney Peter Pearson (404) 292-5225

Posted

Suggestion: he benefits with a lawyer. The disposition can affect things like future insurance rates, so it's about more than just a fine.

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Posted

I do not really expect anything more than a fine and some points on the license if he has no prior driving issues or criminal offenses. In an abundance of caution, you can bring an attorney with you to court. However, I would start by calling the court to determine what is the normal fine for this ticket with a person your son's age. You may find he can simply pay the ticket if you want to avoid the hearing. Although the judge may just waive the fine and any points given the nature of the accident. The judge may also dismiss it outright. If the officer does not appear, I would simply move to have the case dismissed. Importantly, they did not charge him with speeding or any other violations. If the tickets are dealt with by a prosecutor, then I would call up the prosecutor and discuss it with him or her. If he does go to court, I would be sure the court is aware of his grades and I would have the girlfriend present to say he was not speeding and given the level of rain the incident was difficult to avoid.

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