"Unsafe speed" ticket following single vehicle accident

[Nimravus01]

Texas. My car went off the road and into a ditch on a rainy day. This is a problematic corner in my area and a lot of similar accidents happen in that very same spot. (In fact, there was another vehicle that wrecked while the DPS trooper was giving me the ticket.) No property damage. I was given a ticket by DPS for "unsafe speed." I've been told by the court clerk that I have the option to simply take defensive driving, or I can plea not guity and have a pretrial where I can talk to the prosecutor. I feel like its a bogus ticket, and my hope is that the prosecutor will dismiss. However, I'm worried that if I plea not guilty, then I'll be in too deep and risk getting stuck with a conviction. Which direction should I go?

 

[Zigner]

Let me ask you this about your "bogus ticket": Had you been driving more slowly around this problematic (even on a clear, dry day) corner, do you think you would have had the accident?

 

[quincy]

Texas. My car went off the road and into a ditch on a rainy day. This is a problematic corner in my area and a lot of similar accidents happen in that very same spot. (In fact, there was another vehicle that wrecked while the DPS trooper was giving me the ticket.) No property damage. I was given a ticket by DPS for "unsafe speed." I've been told by the court clerk that I have the option to simply take defensive driving, or I can plea not guity and have a pretrial where I can talk to the prosecutor. I feel like its a bogus ticket, and my hope is that the prosecutor will dismiss. However, I'm worried that if I plea not guilty, then I'll be in too deep and risk getting stuck with a conviction. Which direction should I go?

Why is it a "problematic" corner and what do you think would make it less problematic?

Often when there are several similar accidents in the same place, the community can petition for a street light or signs or speed bumps or whatever is necessary to help prevent additional accidents.

If you are going to fight a ticket, you need a legitimate reason for fighting it. Not liking that you were ticketed is not a good reason.

 

[Nimravus01]

Thank you for your quick response. I was driving very slowly around the right hand curve. Let me explain the accident in a little more detail: after successfully steering through the apex of the curve (when the road straightens up) I gently applied the throttle to regain speed in order to continue up-hill. I lost traction and the rear end began to fishtail. (Rear-wheel drive car.) I was unsucessful at correcting and the car slid off to the right side of the road. Very slow speed. No damage done. I just want to know if I have a snowball's chance of getting this dropped or if I should just take the defensive drivers course.

 

[quincy]

Thank you for your quick response. I was driving very slowly around the right hand curve. Let me explain the accident in a little more detail: after successfully steering through the apex of the curve (when the road straightens up) I gently applied the throttle to regain speed in order to continue up-hill. I lost traction and the rear end began to fishtail. (Rear-wheel drive car.) I was unsucessful at correcting and the car slid off to the right side of the road. Very slow speed. No damage done. I just want to know if I have a snowball's chance of getting this dropped or if I should just take the defensive drivers course.

It sounds as if your speed was not slow enough for conditions.

Personally? I would take the defensive drivers course unless you have evidence that the corner is, in fact, one that is impossible to negotiate safely,

 

[Nimravus01]

Thank you for your advice. It's a problematic curve because it goes in at a negative camber, then, levels off while going uphill. Something about the pavement there becomes very slippery in the wet. The city cop who first responded was telling me about the other accidents he's seen there, including several roll-overs. However, it's not impossible to navigate it safely, because not 100% of drivers wreck there. It does seem to be one of the highest accident prone pieces of road in thus area though.

 

[Zigner]

Read the section of the law that you were charged with violating and understand that your own statement above admits to the violation. You tried to increase your speed which led to the accident.

https://codes.findlaw.com/tx/transportation-code/transp-sect-545-351.html

(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.

 

[quincy]

Thank you for your advice. It's a problematic curve because it goes in at a negative camber, then, levels off while going uphill. Something about the pavement there becomes very slippery in the wet. The city cop who first responded was telling me about the other accidents he's seen there, including several roll-overs. However, it's not impossible to navigate it safely, because not 100% of drivers wreck there. It does seem to be one of the highest accident prone pieces of road in thus area though.

If you believe it is the corner's design and not your actions that caused the accident, gather evidence that the corner's design is to blame. This requires research on your part.

 

[Zigner]

If you believe it is the corner's design and not your actions that caused the accident, gather evidence that the corner's design is to blame. This requires research on your part.

Had the OP not attempted to increase her speed, the accident wouldn't have happened. The OP is, apparently, intimately familiar with the perceived danger of the road at that point, yet still failed to drive at an appropriate speed.

 

[Nimravus01]

It sounds like more trouble and time than its worth to fight. Defensive driving is an easy option. Thank y'all for the advice and law reference.

 

[quincy]

Had the OP not attempted to increase her speed, the accident wouldn't have happened. The OP is, apparently, intimately familiar with the perceived danger of the road at that point, yet still failed to drive at an appropriate speed.

I agree it would be an uphill (and around a corner ) battle to try to get the ticket dismissed. Not adjusting speed properly for conditions seems to be the cause of the accident.

That said, if a significant number of accidents have occurred in the same location, it could be a successful fight. It certainly could be worth pointing out the problem with the corner to local authorities to see if accidents can be reduced.

Nimravus, I think you are right that the defensive driving class is your easiest course of action.

 

[Nimravus01]

Haha nice pun. It is a tough curve. Remember that I said another driver wrecked in the corner while I was getting my ticket.

 

[PayrollHRGuy]

Haha nice pun. It is a tough curve. Remember that I said another driver wrecked in the corner while I was getting my ticket.

Your defense is that there is something wrong with the roadway. It would be up to you to prove that.

P.S. From the sound of it, it isn't the curve that is the problem. It is a road that gets overly slippery when wet.

 

[xylene]

You never mention the posted speed limit, if there is a caution speed sign for the curve and the actual speed you were traveling as you entered and progressed through the curve.

Rear wheel drive actually confers an advantage in cornering because of torque.

 

[Zigner]

You never mention the posted speed limit, if there is a caution speed sign for the curve and the actual speed you were traveling as you entered and progressed through the curve.

That would actually be irrelevant insofar as her violation is concerned. It could posted for 50mph and one can be charged for violating the code section even at 1mph, based on the wording of the code.