ticket for VSBL - should I fight?

snoozer

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Looking for input as to if I should fight this ticket or not and/or approaches

I was driving home on I-75 in detroit, it was about 9pm in the evening (so it was dark). I was going 70 mph (the speed limit) and it was drizzling outside. i was in the far left lane and in front of me was a large pickup truck (probably 6-8 car lengths in front of me). I saw the truck drive through a huge puddle of standing water (I checked the water and it was at least a foot deep). I knew it was very deep for me to get through (I drive a 2004 Grand Prix). I was going to get over, but there was a car next to me, so I slowed down (let foot of gas, never braked). After the car on the right passed, I tried to get over, but it was too late and I hit the standing water. Once I hit the water, I car immediately started to hydroplane, (probably a mix of trying to get over and it was on a slight bend in the road). I hit the median and then I bounced back into traffic and another vehicle hit my front driver side 1/4 panel.

Fortunately, both of us were ok (we both refused medical attention). The state police officer to very breif statements from both of us. He then gave me a ticket for VBSL (violation of basic speed law). He said the ticket did not mean I was speeding, but i was not driving to road conditions.

So here is my dilemna... the roads were completely fine, I was going under the speed limit and I just got completely unlucky (How was I too know there would be a foot of standing water). I have asked around and apparently that spot seems to flood alot (just do to the contour of the road). I am already screwed because my car was totaled and my rates will be going up. My insurance guy said it will be a double whammy because I was at fault too (since I got the ticket).

I called the court and they could not tell me if there are points associated to the ticket. They told me that is determined by the SOS. I called SOS and they did not know either. Since it is a speed law violation ticket, they said their should be a speed limit on the ticket (which there is not). Again, the officer said it was not for speeding over the limt, just not driving to conditions.

My plan is to go to court and request that the ticket be dismissed becuase a foot of water is not a road condition that should be expected. Additionally, I was going under the speed limit at the time of the accident and I did see the troublespot, but was unable to avoid it. I do not have an issue paying the court the cost of the for their 'time and inconvenience'. Although the $160 fee will suck, I am more worried about getting the ticket dismissed. I had 2 co-workers leave around the same time and both saw how deep the water was. One he said he hit it in the 2nd to left lane (the lane I was trying to get too) and his car briefly hydroplaned

My record is clean, no accidents and I think I have 1 speeding ticket and it was for 5 over about 7 years ago.

Looking for advice/input on my approach with the court and wanted to get some feedback as to what I should do.


Let me also say, that I am extremely grateful that I am ok and so is the other driver. I have 2 little one's at home, so it was a very frightful situation. I didn't care about anything and was in shock that I didn't ask the officer anything about the ticket. I was just grateful to be alive (I know it could have been 100 times worse). That being said, I am just trying to protect my income and do not want to rates being hit twice for 1 accident.
 

UGA12

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I would imagine if you talked to the solicitor that he/she would at the least reduce it. Not sure how safe it would be to get some pictures of the trouble spot, but if possible I am sure it would help you. Bottom line they don't care about getting you points they just want their money, and want to do the least amount of work get. I personally feel you should be able to get it at least lowered. GL
 

marine

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from the State's point of view.

The roads were not fine, as you stated. It was drizzling.
There was water on the road, which is to be expected when it rains.
The speed limit is not the speed you are required to go. It is the highest you are allowed to go.
and it was night.

So you were going just under 70mph, at night, in a drizzling rain.

Convince them that you can routinely drive like this in these conditions and never get in an accident and you will be free and clear.

More realisticly, driving too fast for conditions is about as low on the totem pole as you are going to get.

Typically, driving too fast for conditions is what people plea down to that were tagged with 'negligent driving' or 'reckless driving'

Best you can do is ask the judge to send you to driver improvement course in lieu of points/fine.
 

snoozer

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thanks for the feedback marine.

I guess my arguement would be that I have been in the same place of employment since 2001 and have never once had a problem. Thus, I have driven through snow, rain, etc for many years.

I guess the arguement back would be that if that is the case, I should know the roads and the troublespots.

My thought is I should leave out the comment that 'it is a known troublespot' and go with the fact that I have traveled the same road for 8 years, and based on history of the weather conditions, I felt i was taking the necessary precautions.

as an FWIW, the standing water was from the all the snow melting (from the warm front), not from the rain that day. It literattaly was drizzling, I think that day there was less than 1in of total rain.

Also, if the officer thought I was being reckless or negligent, I would think that he would have gave the ticket for that and let me fight it down to lesser charge
 

marine

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too fast for conditions is a tough one to fight. because in the eyes of the court...

if you were going slower, you would have been able to stop your vehicle in time and avoid the hazard.
many times that arguement is flawed, many times it isnt.

Best bet is to man up to it, explain the situation, show past history of responsible driving and ask to take a driver improv course in lieu of points/fine.

then hope your judge has a heart.
 

MadJack

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from the State's point of view.

The roads were not fine, as you stated. It was drizzling.
There was water on the road, which is to be expected when it rains.
The speed limit is not the speed you are required to go. It is the highest you are allowed to go.
and it was night.

So you were going just under 70mph, at night, in a drizzling rain.

Convince them that you can routinely drive like this in these conditions and never get in an accident and you will be free and clear.

More realisticly, driving too fast for conditions is about as low on the totem pole as you are going to get.

Typically, driving too fast for conditions is what people plea down to that were tagged with 'negligent driving' or 'reckless driving'

Best you can do is ask the judge to send you to driver improvement course in lieu of points/fine.
:mj07: :mj07:
 

THE KOD

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even though it was drizzling the question put to you will be was it raining in the days before this event.

answer - well yeh it was raining like a bitch for about a week.

uh oh
 

MadJack

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even though it was drizzling the question put to you will be was it raining in the days before this event.

answer - well yeh it was raining like a bitch for about a week.

uh oh
:mj07: :mj07:
 

snoozer

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What kind of gestapo tactic is this. Did you use racial slurs and spit on the cop? Who issues tickets for 5mph over?

Come to detroit and visit a little place called Allen Park. It is one of the worst speed traps in the detroit area - I found out the hardway.

Anytime they do speeding special on the news, they always talk to the Allen Park police. :nono:
 
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