JRSutton said: (quoted from post at 13:57:30 01/23/13) MEANT to start my post with IF I were to contest it - meaning I wouldn't - but IF I were...
I would make the case that if the cop, a trained expert driver, considered speed X appropriate for the road conditions...
Then why on earth would he be justfified in giving me a ticket for driving too fast when I was driving slower than him???
If he agrees that HE was driving appropriately, albeit faster than me, then I'd say I made my point.
It's not putting the cop on trial at all.
(by the way - these things, at least in MA, go in front of a clerk magistrate who gives you a lot more leniency in your argument than a judge in a court would.)
The cop was the one who WROTE the ticket. It's his OPINION that I was driving too fast. And that is what the ticket is based on.
But he didn't clock me - he didn't even SEE me.
It's his OPINION based on HIS judgement of road conditions.
And if he admitted that he himself was driving faster than I was, using his judgement of road conditions, then clearly he's mistaken with this ticket.
Remeber this isn't about driving over a posted speed limit - it's about not slowing down "enough" - what's "enough" - it becomes subjective, which means you can argue it.
The road conditions were the same for both of us.
Perhaps he considers himself a more highly skilled driver, but he has no history of my driving training. He can't arbitrarily say he's a better driver. He'd be making an assumption - and it's not right to make me pay a fine based on a police officer's assumption.
And finally - I also said IF I could prove how long it took him to get to the site - IF he left from the station - or IF I could find out where he came from.
IF I wanted to fight it - that is what I'd TRY to do.
GAURANTEE they'd at least cut the ticket in half for your effort if it really matters to you.
I'm sorry, that's just not the way it works in the real world. The burden of proof is on the State and the proof is that the car left the road, went over the rails and overturned, etc., while other cars made it safely and the ladies statements. Unless there were other cars off the road for the same reason in that particular area your argument is baseless. All the other cars made it alright, why didn't she? That is the crux of the argument. Most judges I have dealt with in that type of case will certainly take the whiteout into consideration but most of them are like any driver up north that has been in whiteout conditions numerous times- you can see it coming and you slow down. Due regard for conditions as they call it. Your argument just re-enforces the states case.
The best thing to do is to tell the truth of the matter, not try to invent fanciful Perry Mason/CSI bs arguments that have little relation to the actual accident. If she goes in and presents the conditions she'll probably walk out with a dismissal or reduction. The ticket is for "Speed too fast for conditions", that means the conditions at the time of the accident. If she, or you, went in trying to prove you aren't at fault because 20 other cars and the cop were able to drive safely on the same road...sorry, you'll shoot yourself in the foot.
This post was edited by Bret4207 at 04:42:30 01/24/13 2 times.
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