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  1. #1
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    R.I.P. RB 335i :(

    I am sad to say that I put my 335i into the ocean last week.. I was not even driving crazy I came around a turn at night and hit a big stream of water from a broken sprinkler head which sent me 90 degrees sideways. I tried to counter steer then hit the brakes hard but still could not stop and ended up going through some mangroves and into the water, it was a good thing I had my window down because the water came in fast and the nose of the car started to dive so I swam out the window as the interior filled with water. The cops/ ambulance arrived as soon as I managed to swim out of the water since a witness that was behind me saw it all happen and called them. I was not doing more than 50mph when I went sideways. So I was fine the cops left I went home to get a short sleep in and called a tow service in the morning when they arrived we could not even find the car. So after thirty minutes of poking around with a long pole on a friends boat I decided to put a mask and some flippers on and start diving to find my car about 5 minutes later I saw it about 6 feet under water and managed to stand on the roof and show them where it was located.

    So 2 days later an officer arrives at my door and gives me a citation for careless driving and $300 property damage. The citation says "driving too fast for conditions" WTF? No cops saw this even happen.. And too fast for conditions...sorry I was not expecting a flooded section of road. So I am getting a lawyer to fight the citation and possibly sue the city of Clearwater for the leaking sprinkler head. What do you guys think about this case?


  2. #2
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    Do it. Sorry to hear about the car, as long as you're alright.
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  3. #3
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    That sux man, glad your ok though

  4. #4
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    Guy with the iPhone hasn't mastered the difficult art of turning his phone sideways to get rid of the borders, so he's the dumb ass you can tell him. Glad you're ok.
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  5. #5
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    i can't believe they gave you a ticket...The car can be replaced, glad you are ok.
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  6. #6
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    Crazy man... Glad u were able to get away from it safe!

  7. #7
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    id sue for harassment...
    JB4LIFE

  8. #8
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    Damn! Sorry to hear that. I would love to see how they prove the careless driving. Their only shot is if the person testifies against you that saw you wreck and says you were driving too fast. As far as the leaky sprinkler, you should have enough to get it past pleadings and into court. It's going to be hard to prove that they breached a duty and that it was forseeable. Maybe a res ipsa loquitur case? Not sure, but good luck.

    P.S. I am in no way giving legal advice in this post, merely providing information. Just about done with law school, but that's a no no until then.

  9. #9
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    Sorry. good luck with that. That's some BS

  10. #10
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    Click here to enlarge Originally Posted by GeorgiaTech335Coupe Click here to enlarge
    Damn! Sorry to hear that. I would love to see how they prove the careless driving. Their only shot is if the person testifies against you that saw you wreck and says you were driving too fast. As far as the leaky sprinkler, you should have enough to get it past pleadings and into court. It's going to be hard to prove that they breached a duty and that it was forseeable. Maybe a res ipsa loquitur case? Not sure, but good luck.

    P.S. I am in no way giving legal advice in this post, merely providing information. Just about done with law school, but that's a no no until then.
    I have talked to the witness since it happened he actually drove me to my friends house after the accident. He agrees that I was only doing about 45mph, the speed limit.

  11. #11
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    Major bummer but glad you're OK. Should be easy to contest the citation with no witnesses. But also will be hard to win a lawsuit against the city. Can't hurt to try though!
    Burger Motorsports
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    It is the sole responsibility of the purchaser and installer of any BMS part to employ the correct installation techniques required to ensure the proper operation of BMS parts, and BMS disclaims any and all liability for any part failure due to improper installation or use. It is the sole responsibility of the customer to verify that the use of their vehicle and items purchased comply with federal, state and local regulations. BMS claims no legal federal, state or local certification concerning pollution controlled motor vehicles or mandated emissions requirements. BMS products labeled for use only in competition racing vehicles may only be used on competition racing vehicles operated exclusively on a closed course in conjunction with a sanctioned racing event, in accordance with all federal and state laws, and may never be operated on public roads/highways. Please see http://www.burgertuning.com/emissions_info.html for more information on legal requirements related to use of BMS parts.

  12. #12
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    talk to the DA maybe? tell em you already lost your car and that any insult to injury will be met with resistance and possibly more.
    doubt they'd have any leverage to convince the witness to side with them anyway since he mentionted your moderate speed and you guys chummed it up with him all the way back to your house. glad your or not swimming with the fishes man... good luck!

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    When I watched the video I couldnt help but think of the movie Risky Business. I'm sure if you turn your house in to a Brothel for one night you should make enough to buy a new car.

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    Sorry to hear. Were you the only one who drove into the ocean? Did other people drive slower?

  15. #15
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    nothing is worth as long as you're OK. the citation is total BS, can't believe it... Good luck
    SOLD --'07 E90 335i, PTF COBB E50, HFS4, ER CP, ETS 7", AA DP, Vishnu Exhaust, DCI, ACT, Nitto Nt555

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  16. #16
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    They probably gave you a ticket to make it harder for you to get damage payment ftom the county for creating an unsafe situation with the sprinkler...Glad you're ok though.Any accident concerning water is not that bad when you can walk away from it.
    There are two theories to arguing with women. Neither one works

  17. #17
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    Damn, sorry to hear that man, glad your ok though!
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  18. #18
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    Click here to enlarge Originally Posted by Terry@BMS Click here to enlarge
    Major bummer but glad you're OK. Should be easy to contest the citation with no witnesses. But also will be hard to win a lawsuit against the city. Can't hurt to try though!
    What about the person who called 911 for help? Looks like they can be a witness.
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  19. #19
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    Wow here I thought I was the only person that went into a body of water while driving. I had my license for 2 weeks and went into a lake after hitting black ice. The wave the came over the car as it dropped a good 4 feet off the bank was scary. I actually swung the door open as I knew it was going in and swam out after it hit. Stood there for 20 min for the police to show up....it was 15 degrees outside and I was soaked lol. Glad your alright man.

  20. #20
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    Click here to enlarge Originally Posted by Malaka1 Click here to enlarge
    I have talked to the witness since it happened he actually drove me to my friends house after the accident. He agrees that I was only doing about 45mph, the speed limit.
    That is good news. The ticket shouldn't even see court after discovery. The case should be dropped.


    Where in Clearwater was this? I grew up there.

  21. #21
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    Very sad situation man. It's unbelievable the city wants to charge you, what a bunch of horse$#@!. Glad you are fine though, your safety comes first, and you should definitely fight it.

  22. #22
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    Click here to enlarge Originally Posted by sr20seb Click here to enlarge
    What about the person who called 911 for help? Looks like they can be a witness.
    I meant, a witness for the city. e.g. policeman saw you driving recklessly. Unless the person who called in made that claim.
    Burger Motorsports
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    It is the sole responsibility of the purchaser and installer of any BMS part to employ the correct installation techniques required to ensure the proper operation of BMS parts, and BMS disclaims any and all liability for any part failure due to improper installation or use. It is the sole responsibility of the customer to verify that the use of their vehicle and items purchased comply with federal, state and local regulations. BMS claims no legal federal, state or local certification concerning pollution controlled motor vehicles or mandated emissions requirements. BMS products labeled for use only in competition racing vehicles may only be used on competition racing vehicles operated exclusively on a closed course in conjunction with a sanctioned racing event, in accordance with all federal and state laws, and may never be operated on public roads/highways. Please see http://www.burgertuning.com/emissions_info.html for more information on legal requirements related to use of BMS parts.

  23. #23
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    We're glad you're OK. Did you manage to get a police report?
    Last edited by Square&Level; 05-20-2012 at 01:22 PM. Reason: lol

  24. #24
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    GeorgiaTech this happened on the causeway to Clearwater Beach. I am going to pick up the police report tomorrow, they said that adjustments were being made to it.. The witness actually drives an E30 w/ an RB25 swap so he is cool and will be on my side if I decide to go to court.

  25. #25
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    Click here to enlarge Originally Posted by Malaka1 Click here to enlarge
    I am going to pick up the police report tomorrow, they said that adjustments were being made to it.. The witness actually drives an E30 w/ an RB25 swap so he is cool and will be on my side if I decide to go to court.
    sick. great news man. and your witness has got a cool car!
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