My son (20) got a ticket driving on the freeway here in Washington state for "Speed too fast for conditions". Here's what happened:
He was in the left lane of a 2 or 3 lane each way freeway, conditions were rainy, and all of a sudden the truck in front of him puts on the brakes. My son worried that if he slammed on his brakes he might slide into the truck, so he braked gently and veered off to the left into the dirt median, bringing his vehicle to a safe stop. Unfortunately the dirt median was muddy due to the rain, and he was stuck. After calling me and deciding he would call AAA to tow him out, a WA State Patrol officer happened by, listened to his story, and wrote him the ticket.
My son is very angry because he had just gotten a speeding ticket a couple months before, and was consciously paying attention to his speed. The officer didn't even see what happened, and just assumed he was going too fast.
Do you agree he/we should take this to court and plead Not Guilty? Anyone have experience getting out of one of these type tickets? Advice appreciated.
Jim
Last edited on Sun Feb 13th, 2005 05:23 am by G2Jim
With the information you're giving me this case can be won by your son - I suggest doing some homework though.
1 - The officer did NOT witness the accident
2 - What do your laws read regarding this supposed "driving to fast for conditions?" I'd look this one up and read it exactly as it is stated. Look for loop holes.
3 - Was there a notice out on the radios etc. indicating the highway speed had officially been reduced? I know in Maine when the weather is bad they have radio announcements, signs and an actual AM station to turn to to let you know what's up.
4 - Tell your son he needs to slow the hell down if he's getting into situations like this. *I say this because of the accidents I see every single day I go to or when I'm coming from work. Speed can be a factor on even a dry, beautiful day. Remind him it's not just him and his car, it's the others out there that depend on him driving defensively. Take the speed to the tracks. There are even winter Auto-crosses people can attend if he feels the need to speed.
____________________ Get in, Sit down, Shut up and HANG ON!
G2Jim wrote: Mr. Versatile wrote: One of our members is an attorney. Try sending a private message to Kona. He might be able to give you a little advice.
Mr. V: Would that be "Konaboy"? I don't see any other Kona in the member list. Yeah, that's him.
if he had to veer off onto the dirt. then yes, techincally he was going to fast. oh well he isn't the first 20 old male to get a few tickets. most of us slow down after awhile. remind him that a few minutes time isn't worth a car. but for now his insurance costs are going up.
____________________ Bombing for peace is like raping for love.
Jesus was a liberal a socialist and a hippie
I would fight it because the cop did not see what happened.
Also after driving in Boston traffic it doesn't matter if your going 5 or 50 someone in front will always slam on the breaks and you either need to have better breaks than the guy in front or need to be able to swerve out of the way or get into an accident thats your fault because your the one in the back.
At court. If nothing else try to get the points taken off so insurence won't so up.
1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
What that tells me is if he was following the rules he would not have had to go into the ditch.....
____________________ Captain Morgan and Dr.Pepper are my homies....
audiojunkie wrote: See the difference between driving to fast for conditions vs....destruction of property....he did ruin the median
1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
What that tells me is if he was following the rules he would not have had to go into the ditch.....
Yes, and he didn't collide with anything. In fact, he was able to avoid a collision. It could be argued that he may have to pay for repairs to the median, if any. The law stated above rather clearly states that the speed shall be so controlled as to avoid colliding with any other vehicles. According to that, IMO, he was complying. But, I'm certainly no legal expert.
____________________ If you can't read this, you're illiterate.
neither am I a lawyer.....yet law is for some reason matter of judgement and interpretation...but I believe in two sides to a story....I gave some legal info though....i love google
____________________ Captain Morgan and Dr.Pepper are my homies....
most of us slow down after awhile. remind him that a few minutes time isn't worth a car. but for now his insurance costs are going up. 
