Defense Lawyer Fights Traffic Tickets: Conditions Requiring Reduced Speed.
In Rhode Island, even if you have not hit another car, you can still be ticketed by police for Conditions Requiring Reduced Speed if you lose control of your car, due to weather conditions. This is important when it comes to your insurance rates or general liability to others. Rhode Island Rhode Island General Laws 31-14-3 provides that:
“The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive at an appropriate, reduced speed when approaching and crossing an intersection or railroad grade crossing; when approaching and going around a curve; when approaching a hill crest; when traveling upon any narrow or winding roadway; when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions; and in the presence of emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter trucks, highway maintenance equipment displaying flashing lights (while performing maintenance operations), and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4.”
The penalty for this driving offense is $95.00, plus any court costs and fees. In Rhode Island the burden of proof that rests on the prosecution to prove such an offense is: clear and convincing evidence. This may sound like a high burden, however it is only an intermediate burden of proof, between that of a preponderance of the evidence (lower) and beyond a reasonable doubt (higher). In many instances, an officer would not need to actually see you lose control of your vehicle for the prosecution to prove its case. Often, the court would rely on the officer’s account of the weather on that particular day; where your car was ultimately found; as well as any statements you made on the scene, to prove its case.
Have You Been Ticketed With Condition Requiring Reduced Speed?
If you have been ticketed for Conditions Requiring Reduced Speed, it is impotent you speak with a lawyer right away to avoid any increase to your insurance or a potential civil suit against you. Attorney Noah Kilroy has years of experience prosecuting such an offense for the City of Providence. Now, as a defense lawyer, Attorney Kilroy applies much of that experience to help his clients fight traffic tickets. Call, text, or email our office today for a free consultation: 401-855-9023.