If I was recently in an accident and no one else was involved but I received a ticket, do I have grounds to fight it?
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If I was recently in an accident and no one else was involved but I received a ticket, do I have grounds to fight it?
I was following the posted speed limit. It had been raining for 3 days before the accident, I hit a wet patch in the road and hydroplaned. No one else was involved and the only damage was to my car and a knocked down sign. I have never had any previous tickets or accidents. Can I fight this? And if so, what are my chances of winning?
Asked on June 19, 2012 under Accident Law, Florida
Answers:
Ron Moore / Ron L. Moore, P.A.
Answered 12 years ago | Contributor
You would probably do better with an attorney who may do better negotiating a plea deal for you or perhaps can get the assistant DA to dismiss it given your good driving record. You of course can always represent yourself but why take the risk? I would advise against representing yourself.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It sounds like you were cited for traveling excessive speed or for some version of careless driving. Neither is necessarily predicated on following the speed limit or the involvement of another driver. The focus instead is whether the speed you were traveling was excessive for the road conditions you were driving on. Your success or chances of winning will depend on the quality of the witnesses against you. Often, key witnesses do not show for traffic court-- this trend is what will really control you success.
Leigh Anne Timiney / Timiney Law Firm
Answered 12 years ago | Contributor
You can be cited for a violation of traffic laws even if you are the only vehicle involved in an accident. In Arizona, you always have the option to have a judge hear your defense to a traffic citation and make a final ruling with respect to whether or not you deserved the citation. It is very hard to know what your chances of prevailing would be without knowing what you were cited for. Good luck to you.
Leigh Anne Timiney
Timiney Law Firm
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