Q&A - Driving Too Fast for Conditions
My son was ticketed with driving too fast for conditions. The air and roads were dry. No 'conditions'. He was in an unfamiliar area at night and was in a roundabout which had a steep ditch on one side. As he was unfamiliar with the round about, he simply turned into the curb instead of following the curve of the road, and ended up over the curb and slightly down the embankment.
The tow truck came and pulled him out about 45 mins later (tow truck was called by police).
The police officer made no attempt to call us at home (our son is not yet the age of majority) and we could have pulled the vehicle out on our own.
The officer did not witness anything but came upon my son and his friend approx 25 mins after the "accident".
There was a "witness-of-sorts" on his balcony quite a distance away and apparently stated to the officer "those kids were probably going too fast".
There are no facts to support any speed infraction, no skid marks, no other indications.
It has been my experience that a vehicle does NOT need to be travelling at an excessive speed to jump a curb, especially a heavier vehicle with a higher floor.
He is disputing this as he is a relatively new driver (about a year) and doesn't want this on his record. Without evidence and the officer witnessing the "event" the ticket says transpired, will this stand up in court??
Also, I have heard that officers no longer need to come to court, but can give their statement by phone or email. Is this fact?