Too fast for conditions ticket in WI??

SCcobra4me · 11-01-2009, 09:48 PM

My son last night made a decision to swerve on a narrow road to avoid a head on collision, the other driver crested a hill and was driving in the middle of the road. As he swerved, the right side of the car entered a ditch and upon reentering the road lost control and locked up the brakes sending him back into the ditch, hitting a tree and sling shotting back onto the road.

To make a long story short, the officer said he would issue a ticket and not sure to what extent yet. Well, he's issuing a "Too fast for conditions" ticket. My son explained he was doing roughly 50mph in a 45 zone, there was no rain, mist, fog, etc. the weather was just fine. The officer said due to the length of the skidmarks that he was in fact driving too fast for conditions. But when there aren't any "conditions" that night, how is this justified?

The same officer at the scene made a remark to another vehicle driving by, the passerby asked what had happened to which the officer replied with a chuckle.....Just kids being kids!!! Upon hearing the remark, I questioned the officer about his remark and if in fact my kid was "just being a kid" or in fact used good judgment in avoiding a head on collision potentially saving his and the other passengers lives. A few more words were exchanged and I had to walk away. Not trying to stir any pots but could anything be done about remarks made by an officer like this? I'm asking only because that officer in particular was an ass, the second officer was great and presented himself with the level of professionalism as I expect from a person in that position.

Thanks ahead of time.

FL-Orange · 11-02-2009, 07:45 AM

Conditions don't necessarily mean weather conditions. The conditions could be the road itself, a two lane road rising to a crest without good indications of what's coming over the hill could be an indication to back off the speed a little. I'm just playing devil's advocate here, it sounds like your son is OK and for that I'm glad to hear.

SCcobra4me · 11-02-2009, 01:28 PM

I read up on that also and it does make sense, what doesn't make sense to me if the city feels that certain hilly or winding roads as stated in the statute are considered dangerous, why would they put up a posted speed of such amount. You would think that they would lower the speed limit in those areas.

My kid and the other two passengers are fine so it is what it is now. Thanks.

Lawfficer · 11-02-2009, 03:48 PM

Quote:

Originally Posted by Wisconsin Law

346.57(4)(k)
(k) Forty-five miles per hour on any highway designated as a rustic road under s. 83.42.

Quote:

Originally Posted by Wisconsin Law

346.57(3)
(3) Conditions requiring reduced speed. The operator of every vehicle shall, consistent with the requirements of sub. (2), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, [i}when approaching a hillcrest, [/i]when traveling upon any narrow or winding roadway, when passing school children, highway construction or maintenance workers or other pedestrians, and when special hazard exists with regard to other traffic or by reason of weather or highway conditions

There are the applicable state statutes. Please keep in mind that your kid just wrecked a car and may not be telling you the whole truth out of fear/anxiety. It's not uncommon for them to fib a little and try to lessen their cuplbility in a situation like this. I would see if he's being honest before doing anything....

Also, You didn't mention if the other driver was found/there. If so, I would file a small claim suit against them and try to get them to pay for the damages, challenge the ticket in court, and talk to a supervisor at the deparment about the issuance of a left of center ticket to the other driver. Further, even though your son was technically in the wrong per the statute, swerving to avoid a car is swerving to avoid a car.

Good Luck

ThrashN · 11-02-2009, 05:01 PM

Quote:

Originally Posted by SCcobra4me

My son explained he was doing roughly 50mph in a 45 zone

Sounds like to fast for conditions to me.

SCcobra4me · 11-02-2009, 08:03 PM

Lawfficer, thanks for the info, the road isn't that hilly but I guess I see the point. And naturally the other driver never stopped or even knew he caused an accident for that matter. I'm going to call the DA and see what I can't work out, he's almost 18 and nothing on his record to date so he's not doing too bad.

Quote:

Originally Posted by ThrashN

Sounds like to fast for conditions to me.

Thanks for the contribution, your insight was extremely helpful.