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Ticket for not driving at safe speed in rain

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rmboy211

Junior Member
What is the name of your state? Pennsylvania

Okay guys, one of my friends was involved in a single car accident on the Pennsylvania Turnpike when strong winds and rain were going on. She lost control of her car and smashed into the center divider. Before she got into her accident there was one previous accident no more than 1 mile from her but was cleared and then another accident occured around the same location she had her accident after she got into the accident. A police officer arrived at the scene and told her that she had to be speeding for her to crash the car. Now thats jumping to conclusions, but that is besides the point. He told her that she was going to get a ticket for not driving at a safe speed unless she was able to move the car out of the turnpike and the crash will not be reported. So her boyfriend drove 70 miles to push the car 2 miles to get it out of the turnpike. Two weeks later, she received a summons in the mail saying that she was not driving at a safe speed and she will be receiving points on her license and a fine for $111.00. Now what I want to know is:

How does the officer know she wasnt traveling at a safe speed? She was actually going 55 on "posted" speed limit of 65.

Why did the officer say she can move the car and not get a ticket and then issue the ticket?

What can she do to fight this ticket?

Any information would be appreciated. Thank you
 


Zigner

Senior Member, Non-Attorney
rmboy211 said:
How does the officer know she wasnt traveling at a safe speed?
Because she had the accident. If she HAD been traveling at a "safe" speed, then there would have been no accident.
 

justalayman

Senior Member
How does the officer know she wasnt traveling at a safe speed? She was actually going 55 on "posted" speed limit of 65.
Because she got into an accident at the speed she was driving. It is one of those "catch all" laws that they like to use when they can't charge something else.

Why did the officer say she can move the car and not get a ticket and then issue the ticket?
That one I have no idea about. It seems a dirty thing to do but the ticket was justified so it's hard to argue.

What can she do to fight this ticket?
Stand in front of the judge, whimper and look at him with puppy dog eyes hoping the judge will have sympathy. Actually, not much to do. It is difficult to fight the evidence (car crash ) against her.
 

rmboy211

Junior Member
But the problem is that there is no proof to show she wasnt traveling at a safe speed. For all the officer knows, she could have been traveling at 30 mph and still crashed the car. Also, who is the one that desides what is a safe speed and what isnt.
 

rmet4nzkx

Senior Member
She was traveling too fast for conditions, road wet and windy. If she was treveling 30 mph and had an accident, that owuld have been too fast, that is how it works. They don't give do overs.
 

rmboy211

Junior Member
Im from New Jersey and in the NJ turnpike if it rains or if there is bad weather, the speed limit changes due to weather conditions. Now how does someone know how fast is not safe for the conditions. One should be aware of the 'safe' speed limit due to weather conditions. Whats do say that one traveling at 40 mph is not traveling at a safe speed and doesnt get into an accident but one that is traveling at 35 mph and gets into an accident.
 

rmet4nzkx

Senior Member
rmboy211 said:
Im from New Jersey and in the NJ turnpike if it rains or if there is bad weather, the speed limit changes due to weather conditions. Now how does someone know how fast is not safe for the conditions. One should be aware of the 'safe' speed limit due to weather conditions. Whats do say that one traveling at 40 mph is not traveling at a safe speed and doesnt get into an accident but one that is traveling at 35 mph and gets into an accident.
People form other states, don't always have signs on the highways telling them what is the current safe speed, in my state, CA there are some places where we have high traffic and sometimes there are informational or other warning signs, but driving at a safe speed for the conditions is one of the basic rules of the road. It comes with experience. You have to think when you drive and assume less.
 

justalayman

Senior Member
rmboy211 said:
But the problem is that there is no proof to show she wasnt traveling at a safe speed. For all the officer knows, she could have been traveling at 30 mph and still crashed the car. Also, who is the one that desides what is a safe speed and what isnt.
The proof is in the accident. If she were not driving too fast for the conditions, she would not have had the accident. Simple premise is it not?? If she were driving 30mph and got into an accident, then she would have been ,,,,,,,,,,,,




wait for it,,,,,,,,,,,,,,,,,,





here it comes,,,,,,,,,,,,,,,,,,,,,,











DRIVING TOO FAST FOR THE CONDITIONS!!!!

Each person must decide what they believe is safe. If they are wrong, they have an accident and end up with a ticket like your GF.
 
Last edited:

Six Black Roses

Junior Member
Zigner said:
Because she had the accident. If she HAD been traveling at a "safe" speed, then there would have been no accident.
Ok, wait... then how is it just to say it's unreasonable to argue "But I didn't get in any accident and drove through every curve with beautiful grace at 136 MPH"

I mean, barring the state maximum for most states at 65 (unless revised to 70), why isn't the accused given the same catch-all flexibility?
 

apdepetris

Junior Member
Been there done that

I was involved in an accident (in MD) and got the same kind of ticket. When I tried to stop for a red light I slid into the intersection and hit a car that was turning in front of me. I was driving the speed limit as well and the conditions were not as bad as you described - it was just one of those things. Luckily no one was seriously injured. The officer told me she had to write me the ticket since another car was involved (which is maybe why the officer said he would have let her off if she got her car out of the roadway) but that I should go to court and plead 'not guilty'. That is what I did and I explained the situation to the judge and he found me not guilty and that was the end of it. That type of ticket seems to be a subjective thing - up to interpretation.
 

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