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Is there a chance I can get a ticket for "failure to stop within assured distance" dismissed in an informal hearing?
Anonymous2 views3 answers
I was stopped in a line of vehicles at a red light, the light turned green and traffic began to slowly move forward. The light then turned red again with approx 5 cars still ahead of me. Due to very icy road conditions that morning (before the city put salt or dirt on the roads) when I attempted to stop again I slid into the rear of the car in front of me. That car then hit the car in front of them. All three cars pulled over on a side street, I contacted the police to report a accident and the officer then sited me with a ticket for "failure to stop with assured distance". I requested an informal hearing due to weather/road conditions, I did not feel as though I should be held responsible when I was traveling a safe speed and an appr. distance.VERY small damage to 2nd car, none to the 3rd
Yes, it is possible to have a ticket dismissed in an informal hearing. It will be you and the officer in a room with the judge or magistrate. The other drivers involved may also get subpoenaed to be there. No attorneys involved. If you lose, you pay the ticket and court costs. You can then appeal it to district court if you want and have a lawyer with you.
You can get a lawyer to help you but here is my take. As a former police officer in Michigan, I wrote many, many Failure To Stop Within The Assured Clear Distance Ahead tickets. They are pretty basic if you rear-end someone. You didn't stop before hitting the other car in front of you, is what it really means. You have to maintain control of your car regardless of the snow and ice (especially in Marquette where there is snow most of the time). Your argument has been used by so many people before that the judge or magistrate probably already knows you are going to say it.
I only tell you this to save you money. If it were me, I would just pay it and save myself the court costs or attorney fees. I mean, someone was responsible for the accident, it wasn't the driver you hit. It wasn't the snow and ice because they just do what they always do - be slippery. It wasn't the city for not plowing or salting. I know it's not what you want to hear but it is a very common ticket and your's is a very common argument that I have never seen work. Good Luck! I hope this helps a bit.
Chances are it will not be dismissed completely..Officers do not like writing these tickets as they realize people are human..Unfortunately a lot of departments instruct officers To write tickets At accidents..asked for an impeading ticket..It Is zero points and a fine.
i seriously doubt it you were cited for failure to maintain assured clear distance, which means you were no maintaining the forward movement. Anything is possible, but my information suggests your chance at a dismissal as remote. Some may disagree. You may be asked a question whether you maintained control of the forward momentum of your car? Especially when it's icy.
Good luck.
