Obviously the cop is technically correct, or she wouldn't have crashed.
That can be said about ANY accident.
What's important to remember is that a driver can be driving appropriately for the conditions prior to them suddenly changing. And that I'd argue is what happened here.
But I think the one thing that'd get her off is to prove the cop himself drove FASTER to the scene of the accident. (because you KNOW he did).
I'd first argue I drove 20 miles without any trouble whatsoever, proving I was driving at an appropriate speed for the conditions. What changed, suddenly, was a change in the condition of the road where I went off. I couldn't forsee the change, had no reason to expect the change, and simply couldn't react quickly enough to the change.
I'd have checked the police records and see how long it took for the cop to arrive at the scene - and calculate how fast he was driving.
I'd ask him in front of the judge how fast he decided to drive in the same conditions.
If he tries to lie his way out of that trap, and states he was only going "about X mph" - I'd hit him with the "really - and you got from the station to point A in X minutes?".
If he argues that was driving faster, but he can drive faster because he's a trained driver, I'd argue that here's a highly trained driver saying that his speed, which was faster than mine, was apprppriate for the conditions.
Is my ticket for driving too fast for conditions, or not having enough skill?
Of course, if you can't prove he was going faster - don't go there.
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Today's Featured Article - The Revival of a John Deere Combine - by The Red, John Fritz. For several years I had been driving by a farm house on the west side of Indianapolis that had a John Deere combine parked in high weeds in a lot behind the house. The gentleman no longer farmed because the entire area was developed with housing and light industry. I had stopped several times and knocked on the door but no one would answer. My curiosity was up and I wanted to contact the owner. I wanted to see what he planned to do with the combine.
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