Legal Question in Traffic Law in Missouri
I while driving in Janurary I hit some ice with my rear wheel drive pick up and stuck a gaurd rail with the bed of the pick up. I was charged with a CNI for driving too fast on icy conditions. Is there anything I can do?
2 Answers from Attorneys
Yes. You can plead not guilty and demand a trial. At trial, it would have to be proven beyond a reasonable doubt by the DA that your driving was careless and imprudent for the conditions then and there existing. However, every accident does not mean someone has committed a moving violation. Sometimes accidents occur no matter how prudent the driver. If I was trying this case for the defense, I would show that my client was (I assume) traveling under the speed limit, that an accident could have occurred no matter how careful the client and, if allowed, I would try to introduce the driving record if the client has a good record. Alternatively, if I thought the DA would prevail on these issues, I would look into nonmoving violation plea options. Feel free to contact me if you want to discuss your options.
Sean Santoro/Licensed in KS and MO
You can plead not guilty or you can hire an attorney to represent you either for trial or for plea bargaining. If you are in the Easter half of the state, you may call me for a free telephone consultation. You do not want to take a conviction on this one.
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