Today was the trial date for one of the tickets I received from my car accident back in June. To recap: Wet road, lane change, sudden 360, guardrail, 180, $13,000+ in damage to my M3. Two passengers plus my brother, no injuries. Three tickets issued, two for non-moving violations that I simply paid.
The third ticket charged me with violating Florida Statute 316.185. The Trooper’s comment on the ticket read, “failed to use due care when special hazards exist: to wit: wet roadway.”
From my perspective it was a freak accident. I’ve been exclusively driving RWD sports cars for almost six years. I had a year in the M3 plus another year driving a similar model in Germany. Compared to German snow, slush, and fog, a little bit of rain isn’t much of a hazard. Usually.
My best guess as to what happened is that my left rear wheel started to spin as it went over the painted lane markings or a reflector. The limited-slip differential transfered power to the right wheel, possibly causing spin on that wheel, and the uneven power distribution caused the car to rotate. It all happened so fast that the traction control light didn’t come on until the car was facing backwards.
Anyway, I had to get rid of this ticket because of the points. I already have 4 points from a well-earned speeding ticket shortly after I got the M3. More points would be very costly. The judge at the prelim would have withheld adjudication and the points if I plead nolo, but I couldn’t accept that because the points could come back to haunt me later.
My strategy for today was seek dismal or summary judgement in my favor at every allowable moment, and failing that, to win on the merits by attacking the charge itself and the lack of evidence.
The cited portion of the statute requires that due care be used in regards to vehicles entering the roadway and avoiding collisions with people and conveyances. It is my belief this does not apply to my accident because I struck only DOT property (the guardrail).
On the evidence front, they had a wet road, wrecked car, and my statement that “as [I] changed into the center lane, [my] vehicle spun out of control.” Statements were not taken from my passengers, nor was their presence even noted on the Trooper’s report. There were no other witnesses.
I brought my brother with me and left him in the gallery when the judge called my name.
Judge: Would you like to change your plea or proceed with trial?
Me: (Nervously) I’m ready to proceed if you won’t dismiss now.
Judge: (Glances at Trooper)
Trooper: After the fact, no witnesses.
Me: (Thinks of brother, quickly bites tongue)
Judge: Dismissed.
Woot! I go over to the clerk to get my paperwork, my brother stands up to leave, and according to him there was a further exchange:
Trooper: (Spots my brother) Actually, there is a witness.
Judge: Too late, shut up.
Winning made my day, witnessing a cop get smacked down by a judge made my brother’s.
All in all, a damned fine day!
