I received a careless driving
citation from a Cannon Beach policemaN in downtown Cannon Beach but the citiation was about a period three hours earlier 20 miles or so away on highway 26 when I was headed to the coast earlier that day.
The officer told me that two different people called the police to complain about my wreckless driving. I asked him "what did I do wrong" but he declined to describe what I specifically did and would not answer any more questions. I told him I am not a careless driver and I had no situation with other cars other than passing some cars that were going 10 miles or so below the speed limit or were weaving in/out in the lane.
The officer claimed he spoke to the two complainers and they did not know each number so he thought I was guilty for having two conplainers corroborate the information, two complainers he had never met and could smell for liquer breath or physical/ mental conditions, or roadworthioness of theior cars fro the heavy rainfall.
I was not able to ask if he had checked the phone numbers they called from to confirm they were not two people making two calls in the same car.
I was not able to ask any questions about the two callers about the cars thy were driving because he wasn't there and never saw their carts or trucks.
The officer didn't know it their vehicles were road legal, had working wipers or working defrosters for the windshiels./
I was not able to ask the officer if he asked about the tread condition of the two cars tires and the whether their vehicles where sliding and having traction losses on the we highway with the strong downpour.
It is most probable that the officer got verbal complaints from two people who were already fearfull about driving in the heavy downpour. They became angry at me when I legally passed them and unintentionally splashed them in the heavy downpour. I did pass a few people on a stretch of highway 26 that had dashed striping that allowed passing legally.
I believe that I was allowed to pass these slower cars as I had full control of my heavy Mercedes ML430 that had new Michelion Pilot top-of-the-line tires with very good wet traction, good windshield wipers with new blades and a robust window defroster.
I never lost traction, I never lost control of the car and I never challenged any other drivers whom ever they were. Over the total 70 mile trip I passed four cars who were either going much slower than the speed limit or were having difficulty staying in their lanes which always worries me for safety reasons.
THE OFFICER WHO WROTE THE CITATION THREE HOURS AFTER I DROVE TO THE BEACH DID NOT SEE ANYTHING AT ALL AS HE WASN'T THERE IN EITHER TIME OR SPACE!
I DON'T KNOW IF HE HAS ANY IDEA OF THE ACTUAL OFFENSE CAUSED BY MY CLAIMED CARELESS DRIVING. HE APPEARED TO BE UNABLE OR UNWILLING TO DESCRIBE WHAT I LITERALLY DID WRONG, LIKE NOT STAYING IN MY LANES, PASSING WHERE NOT ALLOWED WITH DASHED STRIPPING. HE SEEMED TO NOT KNOW ANY DETAILS.
I GUESS HE ACCEPTED THE HEARSAY STATEMENTS OF THE TWO COMPLAINERS WITHOUT KNOWING IF THEY WERE ACTUALLY INDEPENDENT AS HE DID NOT MAKE ANY ATTEMPT TO INDEPENDEBTLY CONFIRM THEIR CLAIM OF NOT KNOWING EACH OTHER (LIKE TRACING THE SOURCE TELEPHONE NUMBERS TO INSURE THEY WERE INDEED DIFFERENT).
HE CERTAINLY DID NOT TELL ME THAT HE EXPLORED IF EITHER OR BOTH DRIVERS WERE ALREADY FEARFULL ABOUT THEIR DRING CONDITIONDS BEFORE I PASSED THEM.
tHE ONLY THING i AM REASONABLE SURE OF IS...
IF SOMEONE WAS FEARFULL OF DRIVING IN THE HEAVY RAIN AND POSSIBLY HAD DIFFICULTY WITH WIPERS, DEFROSTERS OR TRACTION OF WORN TIRES, THEY WOULD GET MORE FEARFUL BY THE SPLASH OF MY PASSING THEM, REGARDLESS OF THE FACT THAT MY PASSING THEM WAS LEGAL AND THAT I WAS IN FULL CONTROL OF MY CAR.
I DON'T BELIEVE THAT THIS MOST LIKELY SITUATION JUSTIFIES ISSUING ME A CITIATION FOR CARLESS DRIVING. THIS OFFICER HAD FEW IF ANY ACTUAL FACTS AND HAD NEVER SEEN THE TWO COMPLAINERS NOR KNEW IF THEIR VEHIVLES WERE LEGAL TO BE DRIVEN IN A HEAVY DOWNPOUR.
CAN YOUR FIRM THINK ABOUT WHAT I SHOULD/COULD DO TO KEEP THIS CITATION OFF OF MY DRIVING RECORD.
THE CITATION MUST BE RESPONDED TO BY OCTOBER 10TH SO i MUST QUICKLY DECIDE ON ASKING FOR A TRIAL OR NOT.
I HOPE i HAVE BEEN CLEAR ENOUGH TO GET YOUR THINKING GOING.
I AM A RETIRED COMPUTER EXECUTIVE WITH A MASTER'S DEGREE. MY LAST POSITION BEFORE RETIRING WAS AS CEO AND PRESIDENT OF A PUBLIC COUNTRY BASED IN PORTLAND.
MY WIFE AND I OWN HOUSES IN CANNON BEACH AND IN PORTLAND WE BOTH DRIVE BACK AND FORTH QUITE FREQUENTLY. SHE STAYS IN CANNON BEACH AND I STAY IN PORTLAND.... l.o.l.
PLEASE RECOMMEND WHAT TO DO.