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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Question Unsafe Speed Ticket - Is it Worth Fighting

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unsafe Speed Ticket - Is it Worth Fighting

    This is not at all an unusual charge for somebody who loses control of her car due to the road conditions.

    If you dispute the ticket, you may find a prosecutor who is sufficiently sympathetic to reduce or defer the charge.

  3. #3
    Join Date
    Aug 2010
    Posts
    5

    Default Re: Unsafe Speed Ticket - Is it Worth Fighting

    My husband had a similar incident. Single car accident by sliding on a patch of black ice at 5:37 am. A DPS trooper was behind him and gave him a ticket for going 40 mph in a 70 mph. This happened on George Bush Turnpike so I was apply to calculate true speed by the toll booth time and time on accident report. My husband was actually going 30 mph.

    Here is the deal, the DPS have a mandatory policy of citing all accidents for unsafe speed regardless of speed. Some counties easily dismiss these tickets especially if only one car is involved. Kaufman county is one of them. We are in Collin County and have a pre-trial on Sept. 15th.

    Most attorneys know about this mandatory policy which I think hinders the law. "Prudent and Reasonable" are subjective terms so a jury may be sympathetic while a judge may not.

    Let me know how it turns out for you. I would mention the DPS mandatory policy and see it that gets it dismissed.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Unsafe Speed Ticket - Is it Worth Fighting

    ****4 weeks later, I recieve a citation in the mail for 'Unsafe Speed'****

    The question is: does the state of texas accept this process service as OK w/o the defendant actually admitting or acknowledging the service?

    I would check into the process service requirements first. Make them serve you properly.....did you get a certified mail letter that you signed for?

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