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Should I contest or request mitigation for a driving too fast for conditions ticket?
Anonymous1 views5 answers
I hit the car in front in my lane, was not speeding. Light was green, traffic ahead but appeared to be moving forward after red light. I checked mirrors and blind spots (was in middle lane approaching the heavy lane) and when looked to front cars had not progressed as expected and after applying the breaks I hit the car in front. Road slightly uphill and could observe the lead cars accelerating normally. Policeman said hitting someone is automatic driving too fast, but was under the speedlimit, had slowed for traffic, incorrect expectations about how fast the traffic was moving forward. Can I contest or mitigate?
James Edmund Oliver JRCriminal Defense AttorneyTacoma, WA ·
Who doesn't love fighting "speed too fast for conditions" tickets. Cops never indicate how fast you were going, or how fast was safe. Their police reports generally include statements from other people about what happened. Those statements are "hearsay" and generally can't be used in court. This means that the ticket is likely to get kicked out.
Most of us offer free consultations. Call around. Good luck.
Legal disclaimer: An internet posting cannot substitute for talking directly to an attorney. A complete answer to any legal question can sometimes depend on subtle details. You are strongly advised to contact an attorney directly for a more complete answer and advice specific to your circumstances. less
The police clearly believe that anytime you rear end someone you are driving too fast for conditions. In most jurisdiction they are also required to issue an infraction to the at-fault driver in an accident. This is a popular ticket for accidents. However, there are a million other reasons for getting in an accident and the State has the burden of proving that you were driving too fast for conditions. Without a witness that can testify they saw you driving too fast, this is pretty hard to do. You should always fight these tickets.
You need to hire a traffic ticket attorney to fight this ticket. You are always required to drive safely depending on the existing conditions of the road, traffic, weather, etc. You may consider pleading no contest - this way you will not be admitting guilt for the civil action that is probably going to happen. Go to traffic school if you are eligible.
Mr. Lawrence is absolutely correct. The fact that an accident occurred does not necessarily mean that you were traveling too fast for conditions, as a matter of fact, it sounds like if an infraction occurred it was probably inattention to driving rather than speed too fast. The state has a burden to prove, by a preponderance of the evidence, that you committed the infraction of which you are accused. In some courts that includes the prosecution proving what "conditions" caused the speed at which you were traveling to be too fast.
Additionally, I would point out that this infraction is a civil matter in Washington, and pleas of no contest don't really apply here. In terms of any underlying litigation for civil liability to the other driver, this infraction should not be considered one way or the other in that case.
Thank you,
James McKain
Attorney
The Law Office of James McKain
(425)967-5039
Request a contested hearing and then hire an attorney. Whom ever you ran into can use a finding of committed against you in any civil trial for damages. Don't try to do this yourself. You don't want to end up owing a fortune because you didn't deal with this right in the beginning.
