Legal Question in Traffic Law in Louisiana

I recently got a 32:58 careless operation ticket by a Louisiana state trooper after I rear ended someone. It took the Louisiana state trooper 25 to 45 minutes to get to the location of the wreck. After checking mine and the guy I hits drivers license and insurance he asked what happened. I told him about how I noticed the guys dealer license plate cover miles before the wreck and then told him that I saw the guys break lights a good distance away from where he was stopped to turn. I then told him there had to be something wrong with my brakes because when I hit them to slow down" like I normally do" they felt like they were barely working. "Being well over the legal distance from the stopped car waiting to turn I pressed the brakes harder and harder and then smashed the brakes as hard as I could and they still didn't work" after telling the trooper that information he went back to his police cruiser 5 minutes later he had me sign a ticket and then left after 10 minutes of his arrival. A few hours after the wreck my mechanic "cousin" came over to look at the damage and after explaining what happened with my brakes he asked if I hit any water before the wreck "cause it could cause the brakes to preform like that" and I told him I hit a few pot holes leaving out from work I few minutes before the wreck. And now that makes sense. Is there anything I can do to help my case? Do I have a good case in the matter?


Asked on 2/17/14, 2:26 am

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Get your mechanic "cousin" to write out your brake problem on a document breaing the letterhead of his shop. If there are needed repairs to your brakes, get them and bring the letter and the receipt to court. There is a good chance that can help you get a non-moving violation (which helps with insurance ratings). You still have a fault collision. Pleading no contest to defective equipment is about as good as you can expect.

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Answered on 2/18/14, 5:19 am


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