Contesting a ticket due to weather conditions?

Question

last tuesday I was driving at 15 MPH (max) on an icy road and while changing lanes into a left turn lane skidded, straightened up, and braked until the ABS started doing that bumpy thing. The tires didn't get any traction and I ended up rear-ending the stopped truck in front of me.

I got a ticket for "failure to reduce speed" even though I've been driving in these conditions every winter ever since I got my license in high school and knew I was going a safe speed for the conditions and there was nothing I could do.

My question is how succsessful would I be in contesting this ticket? I don't feel its fair I was cited the $75 for it when it was unavoidable. I'm curious because I would like to know my chances in appealing to a judge in a case where the conditions were more at fault but still got a ticket anyhow.

Answer 1

It's pretty obvious you aren't telling the whole story, the driver had to have told the police something and there were probably witnesses who attested to his claim.



It'll be his word against your word, which always means you won't win.



Pay the fine and go back to driving school, learn how to drive on ice!



EDIT: Hey bozo, you asked a question and we are giving you answers that a judge would give you not a scientist. You can talk to as many physics guys as you want, they don't levy a fine to you.

Answer 2

PLEASE PLEASE PLEASE - Plead Not Guilty to the Traffic Ticket and get an Attorney to do this. It's much easier to get a case resolved in traffic court with an attorney. And, usually it's not that costly ($100-$150). This might seem more than the ticket but it will save you in insurance costs down the road.



Rear end accidents cases generally presume fault of the person that did the rear ending. It's a presumption that can be rebutted. The person in the car might act like all is well and they aren't injured. But, there is about a 3 year statute of limitations for personal injury actions in most jurisdictions. What this means is - if you pay the citation or plead guilty to it then you admit the offense which can be used as evidence against you in a personal injury suit arising out of the accident.



I don't know what state you were in. But, in your facts -- STOPPED TRUCK IN FRONT OF ME... Was this guy just stopped in a lane himself or was everyone stopped ahead of this car ??? If the guy was randomly stopped (i.e. not at a red light etc. and not in line of cars that were stopped) - that is helpful fact. Did the officer observe the accident???? Unless the officer has radar evidence etc., how can he tell what speed you were going???? If your brakes are maintained and tires well treaded, then I would think you are clear for an equipment violation issue. THINK BACK - Try to measure how many feet you were between the point at which you switched lanes and then straightened, and then applied the brakes after straightening. How many seconds/minutes did that take? You can use physics to determine to help support your conclusion as to the speed.



It's too bad that the police officers had to write you a ticket. There are occasions when there is no wrong doing but you get a ticket for 'failing to control your vehicle' such as in an ice-storm. Even safe drivers can hit a patch of ice and no one can control the vehicle. If the vehicle could be controlled, there would be no incidents. Some police departments issue tickets for accidents. I've heard that people have gotten tickets when the person was blinded in the sun suddenly.

It's an accident.. I could see if the person was driving crazy.. But, sometimes, the people aren't doing anything...

Answer 3

What made the U-turn unlawful? became into there a demonstration that became into obscured because of the climatic circumstances? Or, have been you in a zone the place U-turns are consistently unlawful (the place I stay, U-turns are unlawful in advertisement zones except a demonstration especially facilitates it)? in case you have been in a undertaking the place in straightforward terms a demonstration made the turn unlawful, you may get a duplicate of the components checklist for that nighttime as evidence of the climatic circumstances. as nicely, if undesirable lighting fixtures further to the concern of seeing the sign, pass take a image which will coach what the lighting fixtures is like and the place the sign is located. My wager is that because of the fact which you're searching for a loophole, you relatively have not got an a valid reason at the back of the unlawful U-turn, and any choose will see that. An administrative blunders which includes omitting the components isn't adequate to have a value tag brushed aside because of the fact that this tips is honestly obtained. I desire you sturdy success!

Answer 4

Okay, here is an official educated answer.



Fire your physics professor because he taught you incorrectly. There is coeffecient friction on ice. Is friction reduced? Yes, which is why speed must be reduced, however without the existance of friction, all vehicles on ice would crash



The answer to your actual question is not very successful. The crash is prima facia evidence you were driving to fast and failed to reduce speed to fit the conditions. You cannot argue you were not driving too fast because you hit someone.



It doesnt mean your a bad guy, it doesnt mean your don't know how to drive, so don't take it personal, it happens.

Answer 5

I know in the state of MN, if you rearend someone, it does not matter: it is your fault. Period. Regardless of conditions.



Your best bet is when you go to court, explain the situation, maybe even take pictures of the road if you want. Explain you don't want this on your record - explain your (hopefully) clean driving record, bring up the point that no one was hurt. What they are going to do is tell you it won't go on your record, but you will get fined the ticket price. Its unavoidable.



If your driving record is clean, you should be able to not have to put this on the record, but expect to pay the fine.

Answer 6

it depends on how you present your case and the judge you get. I'd be careful though, I think you'll have trouble establishing your case if you take the "this was unavoidable" route. You'd have to show proof beyond a reasonable doubt that there was nothing you could have done. In reality, there are a million ways this could have been avoided, starting with not driving due to bad weather, chains on tires, traveling slower, etc.

Answer 7

No matter how often you got away with that speed under what you thought were the same conditions, you guessed wrong. That's exactly what the citation charges. That doesn't mean the judge won't understand how it happened. Go for a deferment.

Answer 8

It was your fault. If you slid into the back of someone you were going too fast for the conditions.



Edit: You're not looking for information, you just want validation. If your theory of physics were correct then all vehicles would crash on ice. They don't. You screwed up. Take responsibility. Or, go before the judge with your "laws of physics" argument and see how you do.

Answer 9

none you must always be in control of your vehicle by law ,if you couldn't handle the road conditions you shouldn't have been driving, now you may have a chance the judge will give you a break if the truck is not claiming anything against you