When inclement weather strikes, most drivers are focused on staying safe and doing what they can to minimize the risk of an accident. Despite these efforts, however, the weather can contribute to unsafe driving. If you were issued a winter road ticket in Central New York, how do you challenge it?
You retain an experienced law firm that knows how to beat traffic tickets. At The New York Traffic Ticket Lawyers, we understand the role that winter hazards play in causing drivers to get citations. Put our dedicated advocacy to the test today.
Case Examples of Winter Weather Tickets
Drivers are expected to adjust their behaviors to the prevailing weather conditions. What works on a sunny, warm day may not work during a blizzard. These are a few case examples of how even the most well-intentioned drivers can end up with a ticket:
- Excessive speeding: Speeding does not always mean driving above the posted speed limit. In a winter storm, even driving at an otherwise legal speed could be viewed as unsafe. Drivers are expected to slow down if the conditions demand a lower speed.
- Sliding through stop signs: Due to icy, slick surfaces at intersections and stop signs, it may be difficult for a driver to stop at the light or stop bar (the white line in the road). Even if the driver attempts to stop, they may inadvertently slide through the light or stop sign.
- Failure to control the vehicle: Ice, snow, and other conditions in Central New York can also make it hard for drivers to control their vehicles. In turn, they may – through no fault of their own – skid, drive recklessly, and abruptly switch lanes.
- Poor vehicle equipment: Bad weather makes it obvious when drivers have failed to maintain their vehicles. Worn tires, defective brakes, and faulty windshield wipers are some examples. These problems can lead to unsafe driving, and therefore a ticket.
- Ice and snow flying off vehicles: Many drivers have seen large sheets of ice and snow flying off other vehicles. These can present hazardous conditions for others and prompt law enforcement to issue a citation.
- Passing a snow plow: Drivers can also get tickets in some cases when they pass snow plows actively clearing the roads. Although not illegal per se, it can result in a ticket if speed or unsafe passing are also involved.
How to Defend Against a Bad Weather Ticket
Just because you receive a ticket for a weather-related driving incident does not mean you are guilty. Working with an experienced Central New York traffic ticket lawyer, you can develop such defenses as:
- Uncontrollable circumstances: If you can prove that the weather circumstances were outside of your control, you may be able to defend yourself against the ticket. This is particularly true if the winter storm in question happened suddenly.
- Challenging the officer: Police and other law enforcement officers who judge speeds as excessive or driving as reckless are making subjective assessments. You may be able to show that your actions were reasonable in light of the facts.
- Poor road conditions: Police officers aren’t likely going to consider the road conditions and how they may have contributed to the driver’s actions. But bad road construction and maintenance, such as poor drainage that contributes to ice formation, could be a valid defense.
- Proving caution: The driver could be able to demonstrate efforts to drive more cautiously, such as recently having work done on their vehicle or driving at a considerable distance. This makes it much harder for prosecutors to support the ticket.
- General defenses: There are always general defenses to every ticket, such as the officer’s failure to follow proper procedures in stopping the driver or issuing the citation. If these are available, your Central New York ticket attorney can use them.
Fight Back Against Winter Road Tickets
If you received a traffic citation for winter roads, document the conditions and connect today with The New York Traffic Ticket Lawyers. You do have the right to defend yourself and avoid fines, higher insurance premiums, and other legal and financial problems. We can help.