Speeding to Avoid Collision, What to do?

[Brian555]

What is the name of your state?What is the name of your state? Ohio

My girlfriend was pulled over the other day for speeding (88 in a 65). However, she sped in order to outrun a oblivous driver talking on a cell phone that was trying to merge into her driver's side. She did not want to slam on her brakes as there was a car following behind her and as she sped up the other car increased its speed to match. So as soon as she barely slips past the offending car, she is clocked and pulled over. The cop that gave her the ticket did not care that she had averted a possible accident. She understands that she was breaking the posted limit, but feels the ticket is unjust since she was essentially forced to speed to avoid collision. One argument against her as far as I can see is that she didn't attempt to honk at the other driver. Her claim is that she didn't think of honking because she was concentrating on not getting hit. So, should she fight the ticket? If so, what should she say to the judge? Is there any provision in the law for such scenarios or is she considered guilty solely based on the fact she exceeded the limit?

[racer72]

None of the excuses offered will sway a judge, especially on a 23 over ticket. It does appear your girlfriend could use some advanced driver training though, if she had the time to speed up from 65 to 88, she had more than enough time to slow down enough to allow the vehicle to merge. In my state she also could have been cited for aggressive driving, that's an automatic 60 day suspension if found guilty. I would suggest a consultation with a local attorney so she can discuss the options available to her.