Too Fast for Conditions Motorcycle Accident

My question involves a traffic ticket from the state of: Washington

I was involved in an accident on May 1st, 2013 that involved me totaling my motorcycle on a highway at about 8:15p.m. I ended up with my motorcycle being totaled, a dislocated elbow and a concussion that resulted in memory loss and as such I have no memory of the accident.

I just received a citation in the mail almost 3 months later that says I'm being issued a citation for driving too fast for conditions. It was still light out, 80 degrees, no water on the road. I was in the slow lane so probably only going 60 mph in a 60 mph zone. Perfect conditions for riding. I don't remember the accident, but according to the police report, I was in the slow lane behind some other traffic and when the traffic started slowing, I braked too hard and flipped over the handlebars of my bike and landed on my head. I did not hit anyone else and I was taken in an ambulance to the hospital. The police report has no mention of my speed or that I was going too fast. It just says that I was unable to properly slow for traffic.

I have not been issued a fine yet, but is there any way for me to fight this? I'm currently paying over $8,000 in medical bills as a result of this accident and I cannot afford to pay any fines.

Driving too fast for conditions includes such conditions as traffic density and the speed of other vehicles on the road.

Are you eligible for a deferral?

Fight what? You have no credible testimony to offer.

I am not eligible for a deferral because I used one about 5 years ago. The density of the other cars was 3 total. 2 in my lane and 1 in my lane to the left. They were all going 60 mph. I was following behind these 2 cars for 1.5 miles and it was right before a freeway exit and the cars in front of me slammed on their brakes and I must have been looking to the side or something and when I looked forward, they were slowing so I hit my brakes in a panic and due to a motorcycle not having ABS brakes, the brakes locked and the bike flipped. If I was in a car or even another motorcycle with ABS brakes, the accident would not have occurred. The police report says it was my fault due to inattention, which I agree with, but getting a citation for speeds too fast for conditions is not right.

Quote:

---

Quoting Rubbabubi

---

The density of the other cars was 3 total. 2 in my lane and 1 in my lane to the left. They were all going 60 mph. I was following behind these 2 cars for 1.5 miles and it was right before a freeway exit and the cars in front of me slammed on their brakes and I must have been looking to the side or something and when I looked forward, they were slowing so I hit my brakes in a panic and due to a motorcycle not having ABS brakes, the brakes locked and the bike flipped.

---

And suddenly... Your memory comes back! Isn't this forum great... :D

Quote:

---

Quoting Rubbabubi

---

If I was in a car or even another motorcycle with ABS brakes, the accident would not have occurred.

---

But you weren't in either. Your speed and attempt to slow down as traffic did in front of you should be based on the vehicle you are driving and the equipment it has.

Quote:

---

Quoting Rubbabubi

---

The police report says it was my fault due to inattention, which I agree with, but getting a citation for speeds too fast for conditions is not right.

---

OK, so contact the police officer who issued the report and tell him you would like to be cited for "careless driving" instead of "too fast for conditions"

Quote:

---

Quoting That Guy

---

OK, so contact the police officer who issued the report and tell him you would like to be cited for "careless driving" instead of "too fast for conditions"

---

People come to this forum because they are looking for legal advice, not cynical & judgmental critics. If all you're going to do is criticize people for their driving choices, you should find a different forum.

Rubbabubi,

If you are cited for the incorrect offense, the citation may be dismissed, even if you were at fault and committed something else. In other words, if you are not found guilty of having been "driving too fast for conditions", it is likely that the citation will be dismissed. Even if you admit to "careless driving". I don't know if this is determined by state or county law, but it is worth looking into (maybe someone can verify).

Quote:

---

Quoting BartusCompater

---

If you are cited for the incorrect offense, the citation may be dismissed, even if you were at fault and committed something else. In other words, if you are not found guilty of having been "driving too fast for conditions", it is likely that the citation will be dismissed. Even if you admit to "careless driving". I don't know if this is determined by state or county law, but it is worth looking into (maybe someone can verify).

---

WHAT? Don't be ridiculous! If you walk into court and say, "Your Honor, I am NOT guilty of 'too fast for conditions', but I am totally guilty of 'careless driving' (actually WA does NOT have a 'careless driving' statute -- we only have 'negligent driving')", your $124 ticket will certainly be dismissed, and you will be -- immediately -- issued a citation for "negligent driving" -- $550!!!!! Great idea!!! You should post here more often. Your advice and your opinions of our Senior Members are about equally valuable.

As far as being cited for the "incorrect offense", RCW 46.61.400 states:

Quote:

---

Quoting RCW 46.61.400

---

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

---

As far as I can tell, having to slam on the brakes so hard that you do a header over the bars is prima facie evidence that you were NOT using "due care". Could OP have been charged with "negligent driving"? Absolutely! Looks to me as though the officer gave him a brake (get it? pun!)

Barry

Quote:

---

Quoting BartusCompater

---

People come to this forum because they are looking for legal advice, not cynical & judgmental critics. If all you're going to do is criticize people for their driving choices, you should find a different forum.

---

That was neither cynical nor judgmental. It was a simple demonstration of what can actually transpire in this case. But since you're clueless and cannot tell the difference, you should refrain from acting like a critic and a cynic.

At least I provided the OP with something to use to his advantage whereas you are obviously clueless and offered him something that can get him in more trouble. Here is the "legal" advice you offered....

Quote:

---

Quoting BartusCompater

---

In other words, if you are not found guilty of having been "driving too fast for conditions", it is likely that the citation will be dismissed.

---

Well, DUHHH!!! Think about that for a minute... If he was cited for "driving too fast for conditions" and was found "not guilty" of that offense, then the case is closed there is nothing to dismiss. But even when the case for one offense is closed, that does not bar the prosecution from issuing another citation for another offense. Once you think you can get a handle on this fact, go read Barry's response and you might learn something else!

bartus, Generally speaking, if you follow the posting history of seniors here, you will discover they come from different walks of life. The one thing they have in common, is that when it comes to handling complex situations, this is not their first rodeo. Though it would be nice to simply ask an OP to interface their brain via the USB port, to obtain the knowledge behind a seniors post, technology has not advanced that far. Sometimes, legal reality and a dose of reality are the same thing. Taking the time to insert your fingers up the nose of every person seeking assistance is not only unfeasible, it leaves boogers on your fingers. I suggest you sit back, read and learn, before criticizing.

I derived my horrible advice from a law which helped me avoid a citation a year ago. Barry, you helped me with this case and it was dismissed immediately because I was cited for the incorrect offense. I thought that this would apply for the OP's case as well, perhaps I am wrong.

Quote:

---

Considering that IRLJ 3.1 (c) states:

Quote Quoting IRLJ 3.1
(c) Amendment of Notice. The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.

It would appear to me that changing an infraction charge from "failure to obey TCD" to "avoidance of a TCD" would, indeed, constitute a "different infraction". Under the rules, such an amendment should NOT be allowed.

Barry

---