What is the name of your state (only U.S. law)? Texas
Hello,
My husband received an unsafe speeding ticket on January 7, 2010. He was driving 30 mph in a 70 mph speed zone and hit a patch of black ice at 5:37 am. A Department of Public Safety officer was behind him and witnessed the accident. It was a single car accident with no injuries and very little damage to the vehicle or the concrete wall.
My husband was not sure how fast he was driving because he was busy watching the road and not his speedometer. When asked he told the officer that he was going between 30 and 40 mph. The officer stated that he was going 30 mph.
The Officer put a speed of 40 mph on the ticket and listed the weather as clear/cloudy. He made no mention of the ice at all which I thought was strange. On May 19th we went to a pre-trial and the assistant DA immediately said she would reduce the ticket from $170 to $108. I said aren't you going to hear our evidence. She said that the accident was prima facie evidence that he was going an unsafe speed. We told her about the ice and she would not listen stating that she had to go by the ticket. Now I know why the officer neglected to put it on the ticket - it gives the DA prima facie evidence.
The judge was nice and told us to get a copy of the accident report and come back for another pre-trial. We got the report and I also contacted the Toll Road Authority and got the times of all of the cars that passed by the accident site between 5 am and 6am. Out of 23 cars, only two were going below 30 mph. I also calculated my husband's speed at 30 mph. I called the officer to see if he video taped giving my husband the ticket and he stated that he video tapes every incident (I tape recorded our conversation). I also asked him why the ticket stated the weather as clear/cloudy but on the accident report he stated that there was rain and ice. He said, "I don't recall." I told him that I got the speeds and asked him if there was a speed that he would not have given a ticket say 20 mph and he said no that he would have given the ticket at any speed.
Since both the police officer and my husband were going 30 mph and 21 cars were driving over 30 mph, will this be enough to prove that my husband was going a prudent and reasonable speed given the road conditions. He was going 40 mph below the speed limit to account for any ice. This is a four lane toll road and the ice was in intermittant patches and it was dark. Also my husband was driving a 2000 Ford Ranger which is a light weight pick-up truck. Pick-up trucks are more likely to spin out on ice since there is very little weight in the back of the vehicle.
Where is the justice in a police officer driving 30 pmh giving a citizen an unsafe speeding ticket when they are going the same speed? I told the officer that if the DA does not dismiss the ticket when we go back for another pre-trial on September 15th that we will take it to a jury trial. I seriously doubt that a jury will convict my husband for unsafe speed when given the facts that I have outlined here.
What do you think? TC 543.351 does not give any specific speed limits - it merely states you must drive a prudent and reasonable speed given the road conditions.
Hello,
My husband received an unsafe speeding ticket on January 7, 2010. He was driving 30 mph in a 70 mph speed zone and hit a patch of black ice at 5:37 am. A Department of Public Safety officer was behind him and witnessed the accident. It was a single car accident with no injuries and very little damage to the vehicle or the concrete wall.
My husband was not sure how fast he was driving because he was busy watching the road and not his speedometer. When asked he told the officer that he was going between 30 and 40 mph. The officer stated that he was going 30 mph.
The Officer put a speed of 40 mph on the ticket and listed the weather as clear/cloudy. He made no mention of the ice at all which I thought was strange. On May 19th we went to a pre-trial and the assistant DA immediately said she would reduce the ticket from $170 to $108. I said aren't you going to hear our evidence. She said that the accident was prima facie evidence that he was going an unsafe speed. We told her about the ice and she would not listen stating that she had to go by the ticket. Now I know why the officer neglected to put it on the ticket - it gives the DA prima facie evidence.
The judge was nice and told us to get a copy of the accident report and come back for another pre-trial. We got the report and I also contacted the Toll Road Authority and got the times of all of the cars that passed by the accident site between 5 am and 6am. Out of 23 cars, only two were going below 30 mph. I also calculated my husband's speed at 30 mph. I called the officer to see if he video taped giving my husband the ticket and he stated that he video tapes every incident (I tape recorded our conversation). I also asked him why the ticket stated the weather as clear/cloudy but on the accident report he stated that there was rain and ice. He said, "I don't recall." I told him that I got the speeds and asked him if there was a speed that he would not have given a ticket say 20 mph and he said no that he would have given the ticket at any speed.
Since both the police officer and my husband were going 30 mph and 21 cars were driving over 30 mph, will this be enough to prove that my husband was going a prudent and reasonable speed given the road conditions. He was going 40 mph below the speed limit to account for any ice. This is a four lane toll road and the ice was in intermittant patches and it was dark. Also my husband was driving a 2000 Ford Ranger which is a light weight pick-up truck. Pick-up trucks are more likely to spin out on ice since there is very little weight in the back of the vehicle.
Where is the justice in a police officer driving 30 pmh giving a citizen an unsafe speeding ticket when they are going the same speed? I told the officer that if the DA does not dismiss the ticket when we go back for another pre-trial on September 15th that we will take it to a jury trial. I seriously doubt that a jury will convict my husband for unsafe speed when given the facts that I have outlined here.
What do you think? TC 543.351 does not give any specific speed limits - it merely states you must drive a prudent and reasonable speed given the road conditions.