My question involves a speeding ticket from the State of: TEXAS
The Story:
It was 4am. I was on my way to work. The weather conditions at my house were cold and sprinkling mist. My thermometer at home read 36 degrees. I felt that the drive to work should be safe enough. I was wrong. I had an accident.
After driving about 8 miles from my house, and having already driven over 4 previous bridges with not even the slightest trouble, I was confident that the road conditions were fine. Then, I hit a patch of ice on a service road bridge and lose control. Estimated speed at the time was 40-45mph. Posted limit was 50mph. My truck hits the median wall and is totaled. This was a single car accident with no one else in sight at about 415am.
4 weeks later, I recieve a citation in the mail for 'Unsafe Speed'. There is no alleged speed on the ticket, however, it does read 'Ice' in the conditions section.
Is there any chance of fighting this claiming that road conditions were fine up to this point and gave me no reason to believe otherwise. There was no one around, so as far as they know I could have been driving 10mph...
'Unsafe Speed' is such a bland description for a citation. What if it was a clear sunny day and I hit a pot hole going under the speed limit and have a single car wreck, would I receive a citation for that too???
Here is the offense I was charged with:
§ 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator
may not drive at a speed greater than is reasonable and prudent
under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is
reasonable and prudent under the conditions and having regard for
actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as
necessary to avoid colliding with another person or vehicle that is
on or entering the highway in compliance with law and the duty of
each person to use due care.
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an
intersection or railroad grade crossing;
(2) the operator is approaching and going around a
curve;
(3) the operator is approaching a hill crest;
(4) the operator is traveling on a narrow or winding
roadway; and
(5) a special hazard exists with regard to traffic,
including pedestrians, or weather or highway conditions.

