Many Louisiana drivers have obtained a traffic citation with the offense listed as “failure to maintain control.” This offense often brings about more questions than answers. What, exactly, is failure to maintain control as it relates to New Orleans traffic laws, and what is the penalty for it? If you have received a ticket for this offense, read on for more information and contact our experienced traffic attorney to learn more about your legal options.
Failure to maintain control is an aspect of Louisiana’s careless operation law, which states in part that the driver has failed to operate their motor vehicle in a careful and prudent manner so as not to injure others or cause damage to their property. Usually, this offense appears on the citation if the driver has caused an accident as a result of speeding, tailgating, or driving while distracted.
Failing to maintain control of the vehicle is one type of careless operation that often involves situations such as running off the road, causing another vehicle to run off the road, or colliding with another vehicle due to distractions or falling asleep. Other actions that can be considered careless operation include:
New Orleans’ careless operation laws feature vague language that allows the charge to encompass many types of behaviors and gives officers the leeway to determine whether a driver has committed this infraction. Because the law is subjective rather than objective, there is a lot of room for a criminal defense attorney to work on helping to mitigate the consequences of the charge or even to get your case dismissed.
Your attorney will carefully look at the elements of the incident that led to you obtaining a failure to maintain control ticket, including how the stop was made and the investigatory procedures of the officer. If improper procedures were used at the time that you were cited or charged, your attorney may seek to have your case dismissed. There is also an option to have the charge reduced or the consequences diminished through a negotiated plea deal with the prosecutor.
Your traffic attorney will focus on developing a defense strategy most likely to prevent the charge from being reported on your driving record or to your insurance company, therefore minimizing the consequences faced for breaking this vague law.
The Law Office of Heather C. Ford will give you peace of mind with your failure to maintain control ticket hearing. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
