Speeding ticket, officer didn't see me speed

Status
Not open for further replies.

Marco_Rodriguez

New Member
Around 2 months ago I turning on an on-ramp onto the Turnpike, it was raining that day so the road was slippery and the turn was pretty tight (270 degrees). As I was turning my tires lost their grip on the road, I slammed the breaks and still hit the median (sp?). The impact cause my battery to crack and I had to call the non-emergency police. The officer who showed up (2 hours later) called a tow-truck and then gave me a speeding ticket. He said I was going too fast for conditions. How could he have known that?
While we were waiting (I had a friend with me who didn't think I was speeding) we saw about 10 other cars do the same thing, 2 of which all most hit us while we were standing off the side of the road in the grass. We saw one of them hit the median, but managed to drive away without serious damage. We witnessed one woman's car loose grip and she ended up doing a 180 (she was facing traffic). Even the tow truck driver who was very familiar with that on-ramp said that the turn we were making was very dangerous and said, "you could be going the speed limit and still have an accident".
The officer looked over the car and reported an estimated damage to the car of 3,000 dollars. The total damage was less than $300 for a new battery and wheel. I have already been to the court for a hearing/pre-trial and had a trial date set, what sort of evidence should I gather?
 
Last edited:
When you crash into something on your own, that is prima facie evidence of traveling at a speed unsafe for conditions. If you were not traveling too fast for the turn, how did you hit the median and why did your tires lose traction?

Sorry, but chances are you will not prevail at court.

- Carl
 
Carl,
Couldn't I say that I lost control in spite of the fact that I was going the speed limit for that turn. As I said, I had someone with me who did not think I was speeding at all and we observed many others lose control at the exact same spot. Perhaps there was some oil there, I mean, the officer simply wasn't there when it happened, is there nothing that I can do with that?
 
Carl,
Couldn't I say that I lost control in spite of the fact that I was going the speed limit for that turn. As I said, I had someone with me who did not think I was speeding at all and we observed many others lose control at the exact same spot. Perhaps there was some oil there, I mean, the officer simply wasn't there when it happened, is there nothing that I can do with that?
There is an obligation to travel at a safe speed for the conditions - even if that means dropping below the speed limit for a time. The simple fact was that you lost control of the car. Absent the presence of another causal factor (faulty vehicle, being run off the road, oil spill, etc.), the only explanation is that you traveled faster than was prudent and safe - i.e. unsafe for the conditions.

Certainly you can make an argument in court, but this is the prima facie definition of an unsafe speed.



- Carl
 
Status
Not open for further replies.
Back
Top