Transportation and Vehicle Safety: Citation/summons, roadway conditions, slippery substances


Question
I received a ticket for, Operated a vehicle at unsafe speed.There is no posted speed limit,and no one knows how fast i was going.There was no accident involved.Actually after 30 seconds or so the cop finally came flying out of the lot where he was standing with 2 other cops,and there i was sitting at the red light.This is all in around 3/10ths of a mile.I asked the cop how fast I was going and he said I dont know.then,he asked me what I thought and I said maybe 25.He laughed at me and walked away.Came back with the ticket.Do you think I can beat this, or at least get it reduced to something without points involved?

Answer
Hi Dave. I apologize for not getting back sooner as I have been out of town again.

Regarding your question, I am quite amazed that the officer didn't know the speed limits of his/her area they patrol.

Each state has speed guidelines to follow when the area is un-posted, and of course, you are required to know them and remain within those limits.

As the officer was not sure of your speed, he could not render a professional judgement of that in court and the judge would no doubt throw it out, IF it was written for a violation of the POSTED SPEED LIMIT.

Obviously, this is not the issue as yours was written for unsafe speed. This violation has little to do with a posted limit. It has everything to do with your speed based on the geometry of the roadway (Blind Roadway, Hair-pin Turns, Etc.), traffic conditions,  weather conditions (Snow, Ice, Black Ice, Rain, Heavy Wind, Etc.), roadway conditions (Less than Ideal Surfaces, Gravel, Slippery Substances on Roadway, Etc.) and other like things.

The officer is allowed to render a professional opinion based on his/her knowledge and expertise whether the above conditions exist and represents a hazard to motorists, requiring drivers to operate the vehicle at a slower speed.

If none of the above conditions existed and you felt your speed was proper for the area, and you were at all times in full control of the vehicle, then you may have a good argument to make before the judge.

I hope this has helped Dave. Good luck to you and Merry Christmas.

Terry