Accident pics/contesting ticket
Roger M. Woodbury
rmwoodbury at downeast.net
Fri Jun 28 14:29:53 EDT 2002
Interesting pictures, but I think the operative term is "Fundamental Speed
Law"....speed that is prudent for the conditions.
Now, assuming that the road was largely clear of snow and ice, with just
some patches here and there, either the sheriff, court of Forest Service
will determine what the appropriate speed limit would be. I would guess
that the speed limit recognized by whoever actually owns the road (Forest
Service?), will probably be as high as a blistering 35 miles per hour.
The pictures make the surface of the ice patch look pretty soft and slushy.
The question that the court will likely ask itself is, whether or not at 35
miles per hour, (or 40, or 45, but I doubt that the "appropriate speed" will
be higher than that), what caused the accident.
The reason that the sheriff didn't cite for speeding was that without
observing you speeding, and without a radar citation, the chances of making
that charge stand up in court, are pretty slim.
Leaving the scene is a viable charge, but the obvious reason that you left
was that had you remained there, you might have frozen to death. Citing
you, considering there was no other property damage or bodily injury, would
have been foolish, and only a true half-wit judge would have allowed the
charge to stand.
I think that the sheriff thinks you were probably going like aitch e two
sticks, and thinks you deserve something, and so he gave you "something".
Before you actually go to court, find out what the fine and ramifications of
just paying it are. What might it mean for your insurance, for instance.
If I were the judge and looked at the pictures, and knew something about the
area, I think I would ask one simple question, and that is "how fast were
you going?" And if I, as the judge didn't like the answer or didn't believe
it, I would say so and hit you so hard with the gavel that you will wish
that you had stayed in bed. Frankly, I doubt that the judge will like ANY
answer that you give.
This is a really small violation, and if it were me, I would plan on doing
something pleasant on court day, instead of going to court. A root canal
would be what I might chose.
Of course, it just might happen that the sheriff will be too busy to show
up, and the whole thing could be thrown out, too.
Roger
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