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Road conditions reported improperly on traffic ticket

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Zigner

Senior Member, Non-Attorney
By taking this to court, you have the opportunity to have your information included in the evidence for this matter.

You have to go to court to show evidence that the way the officer had written the ticket was not correct and why.

Aerial photographs of the area might be included, along with pictures of the site at different times of the day and night might also be also shown if that shows the difference in the road in different weather conditions.
And, of course, it doesn't matter. ;)
 


diesel9

Junior Member
Just for fun, here's a hypothetical question. Suppose a police officer on routine patrol (not responding to an emergency) crashes after hitting a patch of black ice on a dry, clear road. Do you think the officer would be cited for failure to control?

Certainly somewhere in this country an officer has lost control of a vehicle as a result of black ice. Does anyone know or have a guess how these situations are handled?
 
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Zigner

Senior Member, Non-Attorney
Just for fun, here's a hypothetical question. Suppose a police officer on routine patrol (not responding to an emergency) crashes after hitting a patch of black ice on a dry, clear road. Do you think the officer would be cited for failure to control?

Certainly somewhere in this country an officer has lost control of a vehicle as a result of black ice. Does anyone know or have a guess how these situations are handled?
Would be? Probably not.

COULD be? Possibly.

Not that it matters in this thread, as the officer WASN'T the one who couldn't maintain control of his car. :rolleyes:
 

CdwJava

Senior Member
Care to expand on why you don't think the officer would be cited?
The realistic answer is that (a) he is not likely to cite himself, and, (b) another officer is similarly unlikely to cite him. Is that fair? Probably not. But that is the way it would probably fall.

However, even without a citation or even a report the officer could well get days off without pay or some other discipline for failing to adequately control the vehicle.

But, what might have happened to the officer is not relevant to the situation as it did NOT happen to the officer and he did not lose control of his vehicle for whatever reason.

As it stands, a sympathetic judge and a good, prior record, will likely result in a dismissal and an admonishment to be more careful.
 

The Dude

Member
For the second question: As a pilot - you understand that icing can occur in certain situations, even if it hasn't been reported or forecasted (ie: it's UNKNOWN). As a driver, one is expected to also understand this. Icing CAN be expected, even if it's unknown. THAT is why your wife did commit the offense she is charged with. AGAIN, you may, in fact, end up with a judge who is sympathetic to the situation, but it doesn't change the fact that she failed to maintain reasonable control of her car, based on the conditions.
Absurd. You're assuming that the driver should have known there was a possibility of black ice. What is your evidence for such an assertion? You're also asserting that reasonable control of a vehicle means being prepared for the worst case scenario. That fails the test of reasonable control.
 

Zigner

Senior Member, Non-Attorney
Absurd. You're assuming that the driver should have known there was a possibility of black ice. What is your evidence for such an assertion? You're also asserting that reasonable control of a vehicle means being prepared for the worst case scenario. That fails the test of reasonable control.
I live in Southern California. Even as a 15 year old taking my driver training, we were informed of the dangers of black ice and the places where (and when) it's likely to form. I'm sorry your training was lacking. Maybe you need to study up in order to become a safer driver.
 

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