Obviously the cop is technically correct, or she wouldn't have crashed.
That can be said about ANY accident.
What's important to remember is that a driver can be driving appropriately for the conditions prior to them suddenly changing. And that I'd argue is what happened here.
But I think the one thing that'd get her off is to prove the cop himself drove FASTER to the scene of the accident. (because you KNOW he did).
I'd first argue I drove 20 miles without any trouble whatsoever, proving I was driving at an appropriate speed for the conditions. What changed, suddenly, was a change in the condition of the road where I went off. I couldn't forsee the change, had no reason to expect the change, and simply couldn't react quickly enough to the change.
I'd have checked the police records and see how long it took for the cop to arrive at the scene - and calculate how fast he was driving.
I'd ask him in front of the judge how fast he decided to drive in the same conditions.
If he tries to lie his way out of that trap, and states he was only going "about X mph" - I'd hit him with the "really - and you got from the station to point A in X minutes?".
If he argues that was driving faster, but he can drive faster because he's a trained driver, I'd argue that here's a highly trained driver saying that his speed, which was faster than mine, was apprppriate for the conditions.
Is my ticket for driving too fast for conditions, or not having enough skill?
Of course, if you can't prove he was going faster - don't go there.
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Today's Featured Article - A Lifetime of Farm Machinery - by Joe Michaels. I am a mechanical engineer by profession, specializing in powerplant work. I worked as a machinist and engine erector, with time spent overseas. I have always had a love for machinery, and an appreciation for farming and farm machinery. I was born and raised in Brooklyn, New York. Not a place one would associate with farms or farm machinery. I credit my parents for instilling a lot of good values, a respect for learning, a knowledge of various skills and a little knowledge of farming in me, amo
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