If I were driving in a 40 mph zone with a 20 mph tailwind, can I fight the 60 mph ticket.?

puremut

i guess if the judge and jury decides if they want to blow some smoke up your tailpipe.
but then it leads me to thinking, i have an older uhaul 26' or so. I'm driving north through Wyoming. i have a head wind going down hill, throttle to the floor head wind of 50+ mph i can't get over 30 miles and hour going downhill. truck with 13,000lbs of machines in it. i get ticketed for doing less than min. speed limit of 45mph on hwy. so i guess i was in the same situation as you. go figure. i thought my ticket was original . like the judge told me, your behind the wheel of a big truck. you are responsible for all actions of the rig you drive. even if you have to pull over and wait nature out till safe to continue. fine $82.50.....case dismissed. NEXT.............but, but, I SAID DISMISSED OR I FIND YOU IN CONTEMPT OF MY COURT....so does this make the best answer for you???

Spunnkarma

Yes you can fight it. You will lose after the laughter dies down. But you can still fight it. Good luck.

bgee2001ca

Boy if Air miles were brains, you would not have enough to fly off the handle.

krooser2

You're kidding, right?

miki m

Do you honestly believe that a 20 mph tailwind can push a 2000 pound vehicle?
You really don't want to go there in court. The judge is either going to think you are totally stupid or that you are trying to be a smart aleck and piss him off!
Just pay the fine.

Fred C

Only if you were driving a sailboat!
Put the car in neutral at a stop. Does the wind push you 20 mph? No? There's your answer. Sheesh!!!!!

Scott H

Maybe if you were driving a sailboat. Of course you can't.

Scotty Doesnt Know

Nope.

You're responsible, in the eyes of the law, for controlling the vehicle so that, despite the external forces on it, it does not travel faster than 40 mph.

An excellent thought, though. And if the judge buys it, you're home free.

rhsaunders

No. Sorry about that.

John W

The reasoning does not make sense, as the speedometer measures the instantaneous speed of your vehicle, so if the wind actually was increasing your speed, you would have recorded a speed increase and needed to press the brakes to slow down.

It is the same reason you can not use the excuse of gravity when driving down a hill

Smitten Kitten

Its my understanding that speed limits are posted for "normal" driving conditions. If there was a 20mph wind, thats not a normal driving condition and you should have controlled your car to handle the wind and stay at a normal driving speed. Here that is a felony and could of landed you in jail so I dont think the judge is going to pass you on it.

But hey you can try to fight it, you do have that right.

yea good luck with that one

Enter Your Message or Comment

User Name:
User Email:
Post a comment: