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Ticket Question Regarding an Accident

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  • Ticket Question Regarding an Accident

    Hey all, a friend of mine just called me and he told me that he was involved in a single car 10-50. He hit a patch of ice, lost control and hit a cement barrier in DT Chicago. A CPD officer came on the scene, asked him what happened, filled out a report and cited him for "Failure to Reduce Speed To Avoid an Accident." There was no damage to anything but his vehicle. There were no witnesses to the accident but my friend. I told him to fight the ticket because there are no witnesses, there was no accident reconstruction, and not to mention the ticket is BS because it's basically rubbing salt in an open wound. The weather was bad and it really doesn't matter how slow you are driving sometimes...if you hydroplane you hydroplane. Would any of you guys right a ticket for this? I know I wouldn't.

  • #2
    Originally posted by cubsfan07 View Post
    The weather was bad and it really doesn't matter how slow you are driving sometimes...if you hydroplane you hydroplane. Would any of you guys right a ticket for this?
    Out here it's called driving at an unsafe speed for conditions and it gets written all the time. The simple fact is that that you need to be cognizant of the currrent road conditiond and adjust your speed accordingly in order to be able to drive without crashing.

    If, as you suggest, conditions were so bad that you friend was going to hydrplane and crash no matter how slow he was driving, then a citation was certainly warranted, if only for being silly enough to be on the road under those circumstances.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      In this cituation, I think the copper was just covering his butt. Odds are if you buddy goes to court and contest it. The ticket will most likely be tossed. I believe that since the police officer didn't witness the crash, then a citation should not have been issued.

      Comment


      • #4
        Originally posted by ChiTownDude View Post
        In this cituation, I think the copper was just covering his butt. Odds are if you buddy goes to court and contest it. The ticket will most likely be tossed. I believe that since the police officer didn't witness the crash, then a citation should not have been issued.
        Your comment has made me curious. Out here an officer who investigates an accident may cite for violations that he discovers occurred as part of the crash, even though they were not committed in his presence. Is that not permitted in Illinois?
        Going too far is half the pleasure of not getting anywhere

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        • #5
          Originally posted by L-1 View Post
          Your comment has made me curious. Out here an officer who investigates an accident may cite for violations that he discovers occurred as part of the crash, even though they were not committed in his presence. Is that not permitted in Illinois?
          Such citations are routinely issued. For traffic crashes, an officer does not have to witness the crash to issue a citation... that would be asinine. We issue citations as the evidence dictates. I have yet to actually issue a citation for a crash that I actually observed.

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          • #6
            Originally posted by cubsfan07 View Post
            Hey all, a friend of mine just called me and he told me that he was involved in a single car 10-50. He hit a patch of ice, lost control and hit a cement barrier in DT Chicago. A CPD officer came on the scene, asked him what happened, filled out a report and cited him for "Failure to Reduce Speed To Avoid an Accident." There was no damage to anything but his vehicle. There were no witnesses to the accident but my friend. I told him to fight the ticket because there are no witnesses, there was no accident reconstruction, and not to mention the ticket is BS because it's basically rubbing salt in an open wound. The weather was bad and it really doesn't matter how slow you are driving sometimes...if you hydroplane you hydroplane. Would any of you guys right a ticket for this? I know I wouldn't.
            How fast was your friend going? What was the posted limit?

            Comment


            • #7
              The IVC does not require an officer to witness a crash....the driver can be cited for failure to control speed or essentially driving too fast for conditions. The prevailing logic is that you cant be driving faster than anything in front of you...otherwise you will hit it. It is the same logic that applies in a rear ender. The cop is not covering his butt. If the officer's investigation reveals a contributory violation he will (or at least should) cite accordingly. You dont have to cover your butt if you are doing the right thing. As the driver, you accept responsibility for the function of your vehicle......sort of an implied consent. More directly, if I am driving my vehicle and I hydroplane and strike your vehicle I will get the citation for 625 ILCS 5/11-601a regardless of the posted speed limit and most parties in an accident would protest if I didnt get the cite. Posted speed limits are irrelevant and factors such as speed too high or too low are always contributory factors in single or multi vehicle wrecks. Just because the posted speed is 45 doesnt mean I should be driving 45 mph in an ice storm.....that is too fast for conditions.

              But then again this is Illinois, in most cases the driver is already DWLS but he will probably drive to Court anyway.
              You cant arrest me...I know my Commandments!!

              Comment


              • #8
                Originally posted by cubsfan07
                I told him to fight the ticket because there are no witnesses, there was no accident reconstruction, and not to mention the ticket is BS because it's basically rubbing salt in an open wound. ... Would any of you guys right a ticket for this?
                No, I probably wouldn't (but I wasn't there, so I know only what you're telling me). Salt in an open wound... yeah, probably... However, none of the reasons you stated are grounds for the ticket to be dropped in court. The ofc had every lawful reason to issue it if he chose to do so.

                P.S.- "Accident reconstruction" on a single vehicle, property damage only accident?????? you're kidding me, right?

                Comment


                • #9
                  If your friend said he struck a barrier in downtown Chicago and there were no witnesses, it must have happened pretty early in the morning.

                  You only know what your friend is telling you, the Police Officer was there and may have been cutting him a break.

                  And lastly, please don't use ten codes.

                  Comment


                  • #10
                    Originally posted by Himso View Post

                    And lastly, please don't use ten codes.

                    why??

                    Comment


                    • #11
                      Originally posted by lcpdwannabe View Post
                      why??

                      Because it sounds like a police buff trying to use police jargan and different departments have different 10 codes. We don't use 10-50 in Chicago we call it a traffic crash.

                      10-4

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                      • #12
                        Originally posted by lcpdwannabe View Post
                        why??
                        Because not everyone can 10-62 with the appropriate 10-43 and just because we are all 10-32 does not mean all we are in a position to 10-78. We cant all discuss this 10-50 and 10-19 to the point of whether or not there is a need to 10-95. Or are we all 10-96 because the belief that we all speak the same lingo is a big 10-74. The truth is we are all a bit 10-42 if we dont think that we are speaking some foreign language....himso is right we need to 10-3 because we are so busy being 10-6 it is just causing a lot of us to do a lot of 10-10 and since we are all family that makes it a 10-16 and when there is a real 10-33 our signals will be 10-1. If we all used plain english everything would be 10-2...10-4?? Or do I need to 10-9????

                        Ok 10-12...let me start over because I too think that using tencodes is just a big 10-80 of ghosts because we could just as easily 10-5 the info in english....is anyone else 10-60 to my line of thought???
                        You cant arrest me...I know my Commandments!!

                        Comment


                        • #13
                          10-99 BlueSuit!

                          Comment


                          • #14
                            Originally posted by ts622 View Post
                            10-99 BlueSuit!
                            There's a warrant out on BlueSuit????
                            183 FBINA

                            Comment


                            • #15
                              This is like beating a 10-45. This whole post has gone to 10-11 crap.
                              www.saveavet.org

                              Comment

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