I was driving downhill which had a "warningtraffic signal" which is a yellow diamond shaoped board with "40mph" on it. The regulatory speed limit board says "45mph" before and afetr the downhill. I was at 45mph. The roadside sprinkler was broken and I hydroplaned and crashed my car. Now, the cops have given me a ticket. The main reason that I crashed was because of hydroplaning and I am going to argue about that. My question really is, when the "warning speed limit" is 40mph and "regulatory speed limit" is 45mph, am I speeding when I drive at 45mph ? How do I argue in the court ? Oh, and this is in California.
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If you were hydroplaning, they can't prove that you were speeding because there won't be skid marks. The posted speed limit was 40 for that hill, and if you must be 100% hontest, you have to suck it up and take the ticket.
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If you didn't tell them how fast you were going, you could say you didn't know the exact speed, but you were sure it wasn't fast. You could then premise that with the fact that posted conditions (weather, contruction, road conditions) were all safe for driving near the speed limit (which means it had to be a clear day). Then say you didn't see the sprinkler until the last minute (if that's the case), and there wasn't enough time for you to safely slow down before the water.
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It's a really tough one to beat, hydroplaning by definition means you were going too fast for the conditions. Unless it was a blind corner, and you feel comfortable about not divulging how fast you were actually going, you can't beat it. You can, however, sue the sprinkler owner for negligence for not posting proper warning about the water. You could also sue the town for the same reason.
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In short, it's all about how well you sleep at night.
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Depends on what the ticket was for. In most instances in an accident the officer at the scene will usually site the driver of the vehicle at fault for "Failure to control" a generic catch all if there is no specific issue they can site, because, obviously, if you were in an accident, you failed to control the vehicle. Never heard of anyone "beating" that one.
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If they get you for driving too fast for conditions then you wont beat it, just pay the fine, yuou can end up gettting a lot for fees if they think that you re trying ot beat it. Also dont admit you were speeding or you will lose right there, you were goning too fast for conditions.
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Yes, you were speeding. The limit where you were driving is 40, not 45 as in the other places. It's really quite simple, and you are going to have a hard time fighting this in court.
i was involded in a car accident while towing a uhaul trailer?
By law, you are supposed to be in control
of your own car under all circumstances.
Sorry, but you don't have a real defense.
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you were probably ticketed for too fast for conditions. and that's pretty obvious since your car hydroplaned. it doesn't matter what speed the sign posts you are still required to maintain a safe speed. probably best to just pay the ticket.
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you got the ticket because you were driving to fast for the road conditions they will argue that if you were going 40 you would not have crashed because you were going slower and would have been better able to control you car.
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