Undue Care ticket in Chattanooga city

[Guest TurboniumOxide]

I accidentally put my car in a ditch on a very narrow twisty mountain road that has no white lines and a very steep shoulder. I was on the way to the store to buy milk after dropping the kids off at home with mom. I think I ran over a tree branch which hopped the right rear tire into the air and I over corrected and went straight into the ditch. I wasn't doing anything stupid, I am an old guy and the car was my pride and joy. I have a carry permit, but I had a DUI about 15 years ago. My last wreck was in 2000 and not my fault. I have no points on my license. I have never heard of undue care. From what I understand it is a class c misdemeanor. I don't mind paying a fine but I do not want to go to jail.

What am I looking at for punishment? This is really worrying me. I don't like having the man in my life.

Edited April 10, 2012 by TurboniumOxide

[Guest TurboniumOxide]

I have to add that an airbag to the head is like getting punched by mike Tyson I imagine. It knocked me silly for a couple of hours and burnt the crap out of my face and wrists. I am incredibly sore. There is probably 20k worth of damage to a 50k car. They will probably total it. :-(

[quietguy]

I hate to hear about your bad luck. For something like that, I would probably fight it. If you weren't speeding and there was an foreign object in the road, I can't see why they cited you. If the branch is still there, you may want to go grab a quick picture. It would be better if the office noted it in his report.

[QuietDan]

Lawyer time.

As well meaning as we all are, we're not YOUR lawyer.

Best wishes and our prayers.

[Guest TurboniumOxide]

Yes, lawyer time. Meanwhile I am car shopping. The wife has given me a large budget to replace my car. 2013 Infiniti IPL G37s convertible is what I want.

[Oh Shoot]

...From what I understand it is a class c misdemeanor. I don't mind paying a fine but I do not want to go to jail.

What am I looking at for punishment? This is really worrying me.

Never heard of it either. My guess is you show for court, tell the story, and the judge drops it. But I'm not a lawyer.

As far as possible max penalty, a Class C 'meander in TN is max fine of $50.00 and/or max 30 days. I'd say the chances of jail are right about zero unless you cuss the judge or something.

- OS

[Pain103]

I think you mean driver to exercise due care. Basically it's a cover all that states every driver must drive with due care to avoid collision and so on... It's a ticket not an arrestable offense so no jail time maybe 3 points max on your license if you pay it and they go away after 12 months (the department may not even report it). The fine probably isn't that steep or you could probably do traffic school. Ask the court clerk of the department you received the citation from. You could attempt to fight it but you as the driver are all times responsible for your vehicle if you couldn't stop in time that means you were travelling too fast for conditions. Just look at all your options and make your decision.

[Defender]

I think this is why so many "bash" cops. It probably stems from direction from higher ups in the city or dept food chain, driven by a desire to generate revenue...what other reason is there to cite someone just because you can? In this case, the driver hurt no one's property but his own, and if there is a lesson to be learned here to be more careful, it was learned without the added insult of a needless ticket.

Years ago, I was stationed at K.I. Sawyer AFB in Michigan's Upper Penninsula. As you might expect, the weather was very snowy and hazardous for much of the year. At one point I had a commander who was of the opinion that if there was an accident, then SOMEONE was at fault and needed to be cited. Those of us who were tasked to respond to and investigate traffic accidents, and/or supervise those who did so, tried to dissuade him from this policy, to no avail. Oftentimes, we would just not mention any citation or lack of, and hope for the best. Usually, he would become aware of our neglect to cite and chastise us about it. My opinion has been that mitigating factors could and maybe should be considered before deciding to cite..

[TMF]

I think this is why so many "bash" cops. It probably stems from direction from higher ups in the city or dept food chain, driven by a desire to generate revenue...what other reason is there to cite someone just because you can? In this case, the driver hurt no one's property but his own, and if there is a lesson to be learned here to be more careful, it was learned without the added insult of a needless ticket.

Years ago, I was stationed at K.I. Sawyer AFB in Michigan's Upper Penninsula. As you might expect, the weather was very snowy and hazardous for much of the year. At one point I had a commander who was of the opinion that if there was an accident, then SOMEONE was at fault and needed to be cited. Those of us who were tasked to respond to and investigate traffic accidents, and/or supervise those who did so, tried to dissuade him from this policy, to no avail. Oftentimes, we would just not mention any citation or lack of, and hope for the best. Usually, he would become aware of our neglect to cite and chastise us about it. My opinion has been that mitigating factors could and maybe should be considered before deciding to cite..

I thought it was standard to cite a person responsible for a crash. The last time I was in an accident was in the 90s and it was I minor scratch on the other vehicle (rolled backwards on a steep hill at a stop sign when disengaging the clutch). I had offered the old folks a couple hundred bucks on the spot to cover the damage but they insisted on calling the police. The officer showed up and expressed his frustration that this was a waste of his time. He told me he had to give me a ticket to show fault. He gave me a ticket that would cost me the least and not put points on my license... Improper backing, or something to that effect. So for the LEOs, is that not standard to issue a citation in an accident?

[Mike.357]

Just go to court and tell the truth. Take your lump whatever it may be.

you aren't going to jail for wrecking your car.

If possible go and take a pic of the road debris.

[kb4ns]

...for the LEOs, is that not standard to issue a citation in an accident?

Depends. My rule of thumb is this: Did you damage anything belonging to someone else? If yes, ticket. If no, no ticket. Pretty much my department's stance as well. So for someone dropping their car off in a ditch and tearing up only their property, I wouldn't issue a citation. Why add insult to injury? About two years ago, I had to work a crash where a wife rear ended her husband while she was following him to the shop to drop off his car. She did a fair amount of damage to both vehicles. Did I write a ticket? Nope. They're married, therefor both cars are community property. She only tore up her stuff. Her day was going bad enough...

[Guest Lester Weevils]

A lawyer might help or whatever. I only had maybe three tickets but am such a poor driver am at constant hazard of citation for "driving while incompetent". It was a long time ago. If the fine or legal hazard is not too onerous (as implied by Pain103 who should know)-- Then if the cost should you lose be about equal to lawyer fees, then you could try to beg off yerself?

Three times went to the trouble of going to the chatt city court to try to get off from a ticket. It is kinda a zoo. Dress up in yer sunday best and try to appear upstanding and of good moral fiber. Then humiliate yerself acting apologetic and respectful while shamelessly begging for the king's mercy. If the infraction isn't too bad, seems maybe a 50/50 chance of getting off. Maybe depends on whoever is the judge that day, or how bad the city needs money?

It appeared that old farts and very humble pretty young gals had the highest odds of getting off, and young men were generally screwed regardless of what they would say. Arrogant well-dressed businessman types could fare worse than clean-looking respectful old farts in overalls. Those judges didn't appreciate arrogance from any age or wealth category.

You being an old guy, might have good odds of getting off.

Anyway, maybe its different every time. Just what it looked like the few times I went. Got lucky two times and got off. The time I lost-- I was 21 and the other participant in the fender bender was a high school principle (who was lying his butt off). But it was doomed to failure from the beginning. The principle was more credible than me by default, and without evidence nothing could have changed that.

If it so happens that a ticket would not raise insurance rates, and if a fine would not be super-expensive, nowadays I would decide to pay the ticket and try to retain at least a scrap of my dignity.

Edited April 10, 2012 by Lester Weevils

[Guest TurboniumOxide]

The violation category is "Other Moving" description "Due Care" I have no other info.

Thanks for the replies guys, you have made me feel better. I will update this thread with details as I get them, for the record.

Edited April 10, 2012 by TurboniumOxide

[hornett22]

They just want your money. Nothing else will come of it besides lightening your wallet.

[ted]

Well if the road was not marked correctly hmmm