QUESTION
How can I defend myself in court against a speeding violation where the officer was not present to witness?
Asked on Jul 18th, 2012 on Automobile Accidents - Massachusetts
More details to this question:
So basically during a snowy and icy day I slid my car off the road into a stone wall that damaged the front of the car. I was driving with a friend, and we could not get the car out due to the deep snow. A police officer arrived and gave me a speeding ticket with a speed written "a speed more than reasonable", and the officer told me to appeal it. Now I am going to court to defend myself against this accident. What can I use against the officer charging me that will help me win this case?
P.S. - I was not speeding in the first place.
1 ANSWER
I think you already gave your best answer. You were not speeding and the officer was not present to witness the event. There are no skidmarks for the officer to measure, so the officer is assuming you were going to fast for the snowy/icy conditions. The more you can say about you driving carefully and cautiously the better. Just go into court and tell the truth.
Steven A. Schwartz
JOEL H. SCHWARTZ, P.C.
Boston, MA 02108
(617) 742-1170
sas@joelhschwartz.com
www.joelhschwartz.com
Answered on Aug 06th, 2012 at 1:40 PM