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Discussion Starter #1
As some of you may know, I wrecked my 90 about 2 months ago. I was going around a corner with a donut tire on the inside (on the passenger side, it was a right turn) when the back end went out, and I hit a phone pole. I was not speeding - and I thought I was going slow enough for the corner even with the spare tire on. It was lightly raining so the road was slick. Within 5 minutes of me hitting the pole, a cop drove by who was heading home and not in his jurisdiction, so he made sure everything was okay and called the police who are responsible for that area. Of course the cop who gave me a careless driving charge a year ago and lied in court was the one who came out. She was asking how long I had the spare tire on (1 day) and checking the depth of the tread in all of the tires, stupid stuff. So she gave me a citation for "Driving at safe speed" (3361). So I guess totaling my car wasn't enough for her.

Anyway, somebody on here suggested that the differential may have played a big role in this accident because two different sized tires would make it behave abnormally. So I'm hoping that at my hearing if I can basically show the judge that it wasn't really my fault, it was the differential and I didn't know about it. What do you guys think? And should I go around to local mechanics and have them give me their thoughts on this and maybe try to get them to agree/sign a paper saying it was likely the differential and then I could present this to the judge. Thanks for any input!

Also, can my prior record be brought in by this officer? She'll do anything she can to make me look bad, she's a horrible bitch of a cop.
 

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Did you go to your first hearing and plead not guilty, therefore having to schedule a pre-trial?

When I wrecked my neon (the EXACT same way, wet road), I got a ticket for failure to control and it was 2 points. I paid it and went on my way.

They will most definitely have your whole record on hand to look at. I don't know if you'll get away with the diff story. I really don't, it depends on the judge and how crooked that cop wants to be. However, if she brings up ANYTHING else outside of your accident, tell the judge POLITELY that it has nothing to do with your case at hand.

Same thing happened to me when I got my loud muffler ticket, fought it and the cop (that hates me) was talking about me speeding. I told the judge that had no bearing on my MUFFLER ticket, and he said he agreed (boo ya).

Be polite in whatever you do, I've learned that much with my oh, 17-ish tickets? :lol:
 

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Discussion Starter #3
XCLR8TN- Sounds like we have similar experiences, I also have had many tickets and have had to deal with 2 female cops that are complete bitches to me, and lie to fluff their ego because they wanna be "one of the guys" or some **** probably.
 

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Here's the problem with your defence. I've had this used on me, too.

"But your honor, I was doing the speed limit/under the limit."

"Really? Well apparently since you crashed, I'd say that was still a Speed Too Fast For Conditions, which is what you were ticketed on, no?"

It'd be very easy to use this against you. I'd plead for a reduction, but I don't think you can get it dismissed.

You might be able to play the "your honor, I was traveling under the limit, doing everything I thought was safe and sane. I wasn't hotdogging because I KNEW i had a donut on. Who goes out and does dumb stuff on a donut?! They even say max MPH 50 on them! My car is already wrecked. I've had to replace it. Isn't that punishment enough? Nobody was injured and this was a failure of my skill, not of my judgement. Can we please reduce the offense to something that won't kill my driving record/insurance?"

...maybe she'll take mercy on ya. Who knows.
 

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In my experience, it seems the MORE you try to explain/justify, the more the judge loses interest/confidence in your story/explanation. It's like when you know someone is lying to you because they have covered ALL grounds to their defense. You know what I mean?

Leave some things to them to figure out, and wait till they ask you to explain it "fully".
I would explain EXACTLY what happened, if they have any further questions, answer them. Usually the prosecutor grilles you and makes you seem totally... what's the word... ah crap. Umm. Well they make themselves seem like they knew exactly what you were doing. Your job is to explain that they don't, but politely.

My last ticket they tried to say I was "racing" from these railroad road tracks to the end of a bridge. And they used my past tickets as examples, and the cop blatently lied about what happened. But who did the judge believe even though they had nothing to do with this case? The cop. Gayness to the umph degree and I lost my license.
 

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Discussion Starter #7
Well I think the reason the back end went out is because I downshifted into second right at the corner which made the back end go out, I was only going like 30 or so to begin with... think that would help at all? :-/
 

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I think your downshift was your problem. Downshifting in the rain is a bad idea. A local junkyard has 3 of my friends cars bc they insist on downshifting all the time. Unless you downshifted, settled the car, then took the turn I would put my money on downshifting too late.

What is going to yield less points on your license? Sounds like youre going to get a failure to control or a 'driving at safe speed'.

As others have said be as polite as possible and dont tell stories. The judge sits there everyday listening to people tell stories. If it was my job I wouldnt want to hear it either.
 

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I think your downshift was your problem. Downshifting in the rain is a bad idea.
I beg to differ. I downshift when I slow down. Always. Have been for years. Rain, shine, snow, doesn't matter, Ben will be downshifting. Sometimes I don't even use the brakes at all...ask Nick (jdmaflac)

I've also never been in a wreck.

On a sidenote...when I downshift, I also always rev-match/heel-toe, so that probably has something to do with it. Downshifting without rev-matching will just wear your clutch out faster.
 

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Discussion Starter #10
I think it was because I didn't downshift very smooth and the turn sloped down, all of this plus the spare = bye bye miata. haha
 
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