Sunday, January 8, 2012
Legal defense for "driving too fast for conditions"?
snow patched, very open highway, away from urban areas. officer driving opposite direction using moving radar, me in group of other cars, but I am lead car in left lane. speed limit on road is 55. he stated he "radared" me at 65, No ticket for 65 in 55, but issued ticket for too fast for conditions, and proof of insurance(eliminated already with current proof brought in earlier). My vehicle was not swerving, nor had I slid into other lane, nor lost control. my guess is he is basing purely on speed on his radar gun. it was morning traffic, others were around me and had tail gated me. i was going with flow of traffic. Me- 40 years old, Commercial Drivers License, with millions of miles under my belt. I am sure the prosecution will try to use the "65/55" written on the ticket as evidence, but cannot I argue that this is NOT a speeding ticket, and they cannot expect the defense to defend not only a speeding ticket but also a Too fast for conditions ticket at same time? so object to the prosecution attempting to bring up the speed issue and attempt to have it stricken from the record, and make them try to show the officer SAW or had some evidence to not controlling the vehicle? if all is true, the officer would have had to ess my vehicles stability at a closing speed of over 100 mph- ie swearing, inability to brake, etc.
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