Ped-veh due care to avoid

[cootni]

My husband received a misdemeanor citation recently and the officer cited us for a 41-6A-1006 offense. He said that my husband had not left enough room between our car and a pedestrian, but my husband had made sure that they were at a safe enough distance that he would not hit them and he was also driving at a parking lot worthy speed. He was aware of the pedestrian and had taken a reasonable amount of caution to avoid hitting them. It was also at a weird intersection, where there were two lanes going in opposite directions and clearly marked parking areas on both sides, and I believe it also has bike lanes between the main driving lane and the parking lane. The pedestrian was in the parking lane when my husband passed them. We were going straight and were within the bounds of our lane.
My husband is also here on a student visa and is not a native speaker of English. We are currently working to get his green card. We've been told it should not affect his ability to do so, but we want to be as careful as possible. We also don't want to mess up his record. He's never had any sort of ticket before. We're also poor college students, so we can't really afford a rate hike in our insurance. Would we have grounds to fight it? What would be our options for representation for a non-native speaker of English? What is the legal definition of "due care to avoid"?

 

[army judge]

My husband received a misdemeanor citation recently and the officer cited us for a 41-6A-1006 offense. He said that my husband had not left enough room between our car and a pedestrian, but my husband had made sure that they were at a safe enough distance that he would not hit them and he was also driving at a parking lot worthy speed. He was aware of the pedestrian and had taken a reasonable amount of caution to avoid hitting them. It was also at a weird intersection, where there were two lanes going in opposite directions and clearly marked parking areas on both sides, and I believe it also has bike lanes between the main driving lane and the parking lane. The pedestrian was in the parking lane when my husband passed them. We were going straight and were within the bounds of our lane.
My husband is also here on a student visa and is not a native speaker of English. We are currently working to get his green card. We've been told it should not affect his ability to do so, but we want to be as careful as possible. We also don't want to mess up his record. He's never had any sort of ticket before. We're also poor college students, so we can't really afford a rate hike in our insurance. Would we have grounds to fight it? What would be our options for representation for a non-native speaker of English? What is the legal definition of "due care to avoid"?

Poor or not, the REGIME demands ALL must tithe when selected to FUND their efforts to do whatever it is they do.

The best way to remove MOST traffic citations is to simply take traffic school, if it is available or offered.

If you wish to know if the REGIME allows traffic school, inquire of their court to see if your husband's offense qualifies.

Otherwise, don't waste your time explaining why you (or he) believe(s) he didn't do whatever it is the REGIME LAW ENFORCEMENT OFFICIAL alleges he did.
The REGIME's TRAFFIC COURT JUDGE wants money to feed the REGIME.
Fewer than 2-5% of those defending traffic citations are successful.
However, the REGIME offers (in some jurisdictions and cases) TRAFFIC SCHOOL.

Another option is DEFERRED ADJUDICATION, a tad more expensive, nonetheless 100% effective if the REGIME JUDGE grants deferred adjudication to you, citizen.

Good luck.