Legal Question in Traffic Law in Wisconsin

I was involved in a single car accident when my car skidded off the road. The officer cited me with driving too fast for conditions. Do I have a legal defense that I was driving well below the speed limit and in my best judgment was being a prudent driver? There were no witnesses to the accident.


Asked on 2/10/10, 11:14 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If you skidded off the road, then something clearly was wrong with your driving. You would certainly have the right to raise your defense to the judge, however, the event more or less speaks for itself and you will have a hard time overcoming this presumption. I you were driving properly and skidded due to some unpredictable cause (other than WI winter weather driving conditions), you might win. For example, if losing control were caused by an earthquake or other highly unusual and unpredictable event, you might not have been guilty an doing anything unusual and imprudent. Your arguments would be stronger if the officer charged you without any accident or near miss having occurred. In that event, proving unreasonable and imprudent speed could be extremely difficult. Either way, an experienced traffic lawyer could probably obtain a major reduction of this charge for you through skillful negotiations and you therefore owe it to yourself to at least have a free consultation with one. Convictions for reportable violations often lead to higher insurance rates which can end up costing you far more than the $150-250 which you might spend on a defense for this type of case. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I represent clients throughout WI.

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Answered on 2/22/10, 5:04 am


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