My son,was in a car accident in my car, while passing a slower car. Hit ice & wrecked. He is being tried for neg. driving. No one else involved, ni injuries except my car, airbags didn't deploy, No Officer present to witness, just the other driver.HELP!

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• If I am on ice at 20 MPH (in a 45) and come up behind someone moving 10 MPH, I am more likely to pass than risk losing directional stability and skidding in an attempt to slow down. And if you say go 10 MPH in the first place, then you don't know my car very well because I kind of need to keep the engine above 600 RPM to avoid stalling. The point is that there MAY be circumstances we don't know in any particular case. Maybe not THIS one, but keep an open mind ;)

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  by 8 Jan 2004-10 Dec 2009 on March 27th, 2007

• You have just given the magic piece of information needed, to prove the officers suspicions. "I kind of needed to keep the engine above 600 rpms to avoid stalling". there was a mechanical problem with the auto and maybe it should not have been on the road, at all.

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  by Anonymous on March 28th, 2007

• Not to but in, but he got you there jerv...lol. Any more comments will just dig you into a bigger hole. Then again I should add that ANY car will stall below 600rpm. My brand new civic's stall point is around there, thus for clutch starts I need to be quick. Needing to keep a vehicle above 600rpm signals no mechanical fault whatsoever.

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  by geek860 on March 28th, 2007

• Precisely. In that sort of weather, you either have to risk lugging the engine below it's stall point (3rd gear) or applying too much torque to the drivewheels (1st or, in some cars, even 2nd). That is why I don't use first gear much in the wintertime. Also, as John seems to forget, engines MUST rev at a certain minimum to avoid stalling even if they are in good repair. Now, if that lower limit on RPM is much over 900 THEN there is usually a mechanical problem that should get the car off of the road. That sort of suspicion makes law enforcement look like clueless Luddites. I happen to know that they aren't, but the appearances aren't flattering. BTW - we are talking the same profession that will tow a RWD vehicle with the drivewheels on the ground, tranny in gear, and handbrake engaged... and not pay for the damage they caused! Again, a lack of technical knowledge that makes our hard-working law enforcement officers look bad. NOW I'll put down the shovel....

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  by 8 Jan 2004-10 Dec 2009 on March 28th, 2007

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• Yes, we are VERY THANKFUL
  TO GOD that he is fine. He was VERY FOOLISH driving the way he did! I think that he should be fined but Neg. Driving is a bit extreme. Yes he was driving to fast for the conditions. but he is 18 unexperienced and felt he was not driving to fast. He's used to driving his truck, front wheel drive and I know that if he were driving his truck he would have been fine. I have a small real wheel drive that's goofie to drive. He took my car to go pick-up a part for his car. He did not think, made a BAD decission but is an inexperienced youg man who now realizes that life is despencable. I just want the punishment not be so harsh. He is a full time college student and working 2 jobs to put himself through school that made a dumb secission. He did drive 2 hours to a driving course and nearly fell asleep on the drive over there for an 8AM class. Which would have been 2 strikes against.
  Anyway he goes to trial next month, it would help if the DA would return calls.

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  by Anniee on March 27th, 2007

• Well, having been part of hearings for traffic citations, I'll play devil's advocate and tell you that if your son was a new driver and inexperienced AND in an unfamiliar vehicle, then it was even more important not to be overtaking other traffic in adverse weather conditions. 18 is a legal adult; he could have killed someone, and his action would have been no different, only the consequences more serious. Sometimes lessons are hard...and expensive.
  
  That said, negligent driving sounds harsh. There's every possiblity the judge will drop down the charge. MAKE SURE your son dresses very well, is polite, humble and has a very clear explanation prepared. He was in a car more unfamiliar to him than he thought, there were only patches of ice that could not be clearly seen on the road, that he believed he was legally passing. Most judges will be lenient on a driver they believe to have made an honest mistake. Good luck.

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  by Gideon on March 28th, 2007

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