I was driving in a left only lane, i was driving at 20 miles per hour in a 35 mile speed limit road.
The road were full of ice and i hit the black ice and when i tried to apply the brakes, it was not effective i went and hit the car in front of me. When we called police they asked us to come to the police station. The officer issued me a ticket with driving too fast for the conditions (the police never came to the accident spot to check) . How can i defend my ticket.
I do not understand. Have you gone to court on this already and have been found guilty, or are you still waiting to go to court to defend yourself. If you have gone to court already and have been found guilty, you cannot expunge the ticket, but if you received supervision, the ticket will not go on your record. If you still have to go to court, then tell the judge what happened, and he may find you not guilty. Law Offices of Theodore Gailan
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You need to go to court and deal with this matter. If you plan on fighting the ticket, I suggest you hire an attorney to assist you with this matter.
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You present a plausible, even a logically sound argument which you may use in court as your affirmative defense. However, in my professional experience I have never seen an effective pro se case handling by a defendant without a good counsel.
Not becasue you may lack eloquenvce or common sense to construct such a legal argument at your hearing but for another reason.
In my opinion, any legal case, even your quasi criminal traffic citation should be handled by an experienced licensed attorney who would use more legal tools than just a gift of speech.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Your argument is reasonable and one that people often attempt to argue on their own behalf - but usually and unfortunately without success. When you get a ticket for driving too fast for conditions, the police and prosecutor will argue that it doesn't matter that you were going 20 mph in a 35 mph zone, but rather what is important and relevant is that obviously 20 mph was too fast for the weather and road conditions because you lost control and caused an accident. An experienced attorney can attempt respond to these arguments, even arguing that the officer didn't even go to the scene to view it for themselves.
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