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  1. #1
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    Feb 2011
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    Default Speed Not Reasonable and Prudent

    My question involves a speeding ticket from the State of: New York

    While driving on I81 I got caught in a snow storm and the road was covered with snow. I was not driving my vehicle and it was not handling well so I slowed my speed to 30 mph and put my flashers on as traffic was moving at about 40 mph. The normal speed limit was 65.

    Anyway for whatever reason the car decides to slide sideways with my wheels straight, I cut the wheel the other way and tried to get traction, but it wasn't happening. It was basically like sliding on ice. A cop shows up awhile later while I'm waiting to merge back into traffic and he give me a ticket for Speed Not Reasonable and Prudent. He did not witness this happen and there were no witnesses other than my friends in my car.

    So I pleaded not guilty and requested the supporting deposition. I received the deposition and it states the charge is based on Officer's "Direct Observation." This is an obvious lie because there were no police present.

    So I think I have a pretty good case based on the fact that this ticket is ridiculous and the deposition is a lie. I'm just wondering how to go about proving he did not observe it as it seems like it's my word against his. Will having my friends explain what happened help a lot? Can I get any other advice?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    Default Re: Speed Not Reasonable and Prudent

    His "direct observation" may have been of your car in the ditch and of any remaining skid marks.

  3. #3
    Join Date
    Feb 2011
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    3

    Default Re: Speed Not Reasonable and Prudent

    There were no skid marks and I was on the the side of the road waiting to marge back into traffic. I wasn't even going fast enough to slide off the road and considering I slid on ice I think I was going a reasonable speed. Every other car on the road was going the same speed.

    So I think he is really stretching the direct observation. I'm just wondering what's the best course to take to get out of this because I should not have gotten a ticket.

  4. #4
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Speed Not Reasonable and Prudent

    Quote Quoting User12345
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    I'm just wondering how to go about proving he did not observe it as it seems like it's my word against his.
    You'll have to question him about what he saw and how he came to his conclusion... Is it possible that he asked you why you ended up on the side of the road and your answer was... uhm... a bit revealing?

    Quote Quoting User12345
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    Will having my friends explain what happened help a lot?
    "Explain what happened" as in testify on your behalf that your vehicle slid over to the side of the road while you had no control of it? How would that help you in any way?

    Quote Quoting User12345
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    There were no skid marks and I was on the the side of the road waiting to marge back into traffic.
    So you were off the roadway (the portion you (or any other driver) would be traveling on)???

    Quote Quoting User12345
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    I wasn't even going fast enough to slide off the road...
    So you weren't off the roadway... Your vehicle slid sideways and you stayed within one of the lanes???

    Quote Quoting User12345
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    ... considering I slid on ice I think I was going a reasonable speed.
    Actually, the fact that you slid on ice is evidence that your speed was NOT reasonable.

  5. #5
    Join Date
    Feb 2011
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    3

    Default Re: Speed Not Reasonable and Prudent

    You'll have to question him about what he saw and how he came to his conclusion... Is it possible that he asked you why you ended up on the side of the road and your answer was... uhm... a bit revealing?
    He basically asked why I was on the shoulder next to the left lane and there was really no good excuse so I just said that I slid a little. He gave me the ticket with no evidence. He just assumed I was going too fast because I slid which is why I think the direct observation is ridiculous because it wasn't, it was just an assumption.

    "Explain what happened" as in testify on your behalf that your vehicle slid over to the side of the road while you had no control of it? How would that help you in any way?
    I thought maybe that would help in my favor since they were the only witnesses and they agree I was driving reasonably.

    So you weren't off the roadway... Your vehicle slid sideways and you stayed within one of the lanes???
    I slid onto the shoulder to the left of the passing lane so I was between the left lane and the median. It was there I was waiting to merge back onto the road because there was some traffic.

    Actually, the fact that you slid on ice is evidence that your speed was NOT reasonable.
    I don't think it really matters how your fast your going on ice your going to slide regardless.

    Also there was traffic on the road. All the cars were going the same speed in the right lane (30mph) which was the same speed I was going. There were cars passing in the left lane going about 40mph so everyone else on the road must have also felt that was a reasonable speed. Why only my car slid I have no idea, but I guess the tires didn't have the best traction. There were also about 5 separate accidents within a 1/2 stretch so obviously conditions were bad.

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