Car Citiation Failed to use due care

[Fnords]

Jurisdiction

Florida

While going to Tampa in the rain I hydroplained in water under an overpass. I oversteered and crashed into the guardrail. I was cited with "Failed to use due care. Driver over corrected during wet weather, causing him to leave roadway and strike Guardrail" I was on a highway going 15 miles below the speedlimit with the flow of traffic. Is there any defense I can use to fight this citation?

 

[Betty3]

I don't know what the speed limit was where you were doing 15 mph under but the only defense I see is what you noted above. (going 15 mph under speed limit & going with flow of traffic) You can always talk to a traffic law attorney & see what he/she can do for you.

 

[army judge]

While going to Tampa in the rain I hydroplained in water under an overpass. I oversteered and crashed into the guardrail. I was cited with "Failed to use due care. Driver over corrected during wet weather, causing him to leave roadway and strike Guardrail" I was on a highway going 15 miles below the speedlimit with the flow of traffic. Is there any defense I can use to fight this citation?

You have no way to prove how fast you were traveling.
The fact that you hit a stationary object is prima facie evidence that you "failed to maintain control" of your vehicle.

You can investigate traffic school, discuss a deal with the prosecutor, ask about deferred adjudication, or you can hire an attorney.

 

[Highwayman]

FYI, "going with the flow of traffic" is not any type of defense or justification.