my son 17 is going to receive a failure to maintain control of a vehicle citation in iowa, No other vehicle involved and no property damage done (he went in the ditch) Questions are: 1) will he have to appear in court. 2) will he lose his license. 3) what can we expect the fine to be and 4) is this a crimal offense? please reply. Thanks.
Nothing - just got started
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I am sorry to hear about what happened to your son. I have posted below, the statute under which your son is likely to be charged. He needs to wait and see what is written on the citation. There may be a box which is checked, that requires his appearance. If not, then it would be at his discretion, depending on if he wanted to try and contest this. Your son may want to retain a traffic ticket defense attorney, to look over the facts of the case and see if this is worth fighting. The reason I suggest this, is because if there was no other vehicle involved, nor witness present, it is going to be hard for the State to prove the charge. The officer arrived after the fact and your son can not be forced to testify against himself. This can be filed as a traffic infraction or as a simple misdemeanor but is at the discretion of the State. It would be at the discretion of the Judge to take away his license but there would need to be a basis to do so. If this was his first offense, it is highly unlikely the Judge would suspend it. If anything, the court may order driving school. The fine will vary, which is why I suggest you wait to receive it, but could be around $200.
Please let me know if you have any follow up questions orneed any clarification on something which I stated above, prior to rating me. Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either of the two stars/faces on the left ("helped a little" or "I expected more") please STOP and reply to me via the "CONTINUE CONVERSATION" button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided. If you have nothing further, pleaserate my answer so I can get credit for my help - I hope you found it to be Excellent!
321.288 CONTROL OF VEHICLE -- REDUCED SPEED. A person operating a motor vehicle shall have the vehicle under control at all times and shall reduce the speed to a reasonable and proper rate: 1. When approaching and passing a person walking in the traveled portion of the public highway. 2. When approaching and passing an animal which is being led, ridden, or driven upon a public highway. 3. When approaching and traversing a crossing or intersection of public highways, or a bridge, sharp turn, curve, or steep descent, in a public highway. 4. When approaching and passing an emergency warning device displayed in accordance with rules adopted under section 321.449, or an emergency vehicle displaying a revolving or flashing light. 5. When approaching and passing a slow moving vehicle displaying a reflective device or alternative reflective device as provided by section 321.383. 6. When approaching and passing through a sign-posted road work zone upon the public highway.
7 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
What about asking for a deferred judgement?
It is something which he could inquire about when he appears and see if it would be allowed/offered. If so, it would keep his driving record clean, as long as he did not receive any more traffic citations.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).