Too Fast for Conditions
The offense of Driving too fast for conditions pursuant to S.C. Code Ann. §56-5-1520 states that it is unlawful for a person to “drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be controlled to avoid colliding with a person, vehicle, or other conveyance.”
Did you recently a too fast for conditions ticket from a traffic accident?
Did the officer who wrote you the ticket even see the wreck?
Do not make the mistake of paying an accident traffic citation without first learning how the traffic violation will affect your license and insurance from an experienced South Carolina traffic ticket lawyer. There are many ways for an experienced attorney to fight these tickets. Call today for your free consultation.
Driving Too Fast for Conditions Defense Attorney
You may not see this European road sign in South Carolina, but the criminal traffic offense of driving too fast for conditions is typically associated with bad weather conditions and traffic accidents. However, you can also receive a too fast for conditions citation even when the weather is crystal clear and the officer may site conditions such as heavy traffic or road construction as justification for this charge. Furthermore, you can be charged with driving too fast for conditions even if you were not exceeding the posted speed limit.
The typical fine for this violation is $237.50 and can carry between 2 to 6 license points depending on the officer’s discretion, as well as thousands of dollars in increased insurance premiums.
Traffic Accident Tickets
A too fast for conditions ticket is most common in situations involving traffic accidents. In most of these situations the charging officer did not actually see the accident, and must rely on the testimony of witnesses involved in the collision.
Additionally, under S.C. Code Ann. §56-5-6170, “No police officer in investigating a traffic accident shall necessarily deem the fact that an accident has occurred as giving rise to the presumption that a violation of a law has occurred. Arrests and criminal prosecution for violation of this chapter shall be based upon evidence of a violation of the law.”
When investigating an accident, the officer typically assigns fault to one of the drivers and can issue a ticket to the at-fault driver for driving too fast for conditions. However, his conclusion and the accident report itself is inadmissible in Court as hearsay under Rule 803(8), which states “accident reports required by S.C. Code Ann. §§ 56-5-1260 to -1280 are not admissible as evidence of negligence or due care in an action at law for damages.”
Traffic Accident Defense Lawyer
These laws can create significant problems for the charging officer to prosecute a driving too fast for conditions ticket in court. As such, a skilled and experienced South Carolina traffic ticket lawyercan offer invaluable legal assistance if you are charged with driving too fast for conditions. For a free consultation, call us today at (803) 351-3597.