The "Flow Of Traffic" Speeding Defense Rarely Works

The "Flow Of Traffic" Speeding Defense Rarely Works

6 December 2021
 Categories: , Blog

Oftentimes, you might find that every car on the road seems to be speeding, and you may decide to travel at the same speed because you are simply going with the "flow of traffic." However, whenever you are driving over the speed limit, a police officer can choose to pull you over and is not required to pull over any of the other speeding drivers.

Why the Flow of Traffic is Often Not an Excuse

You might feel like it's safer to drive with the flow of traffic, and this is sometimes the case. This is especially true when the other cars are driving below the speed limit. However, if the other cars are driving very high above the speed limit, you might still be ticketed, and the defense that you were driving with the flow of traffic will often not be adequate.

The reason why a speed limit is considered important is that it is based on an expert opinion of the speed that the average driver would naturally travel at and the speed that would be ideal based on the design of the road. Other factors are also taken into consideration such as whether the road is traveling through a school zone.

You May Need to Drive Even Slower

The conditions of the road can factor into whether it is acceptable to even go the speed limit. For example, if the weather is very bad or the road has debris all over it, you might need to drive more slowly to drive safely.

Acceptable Defenses for Speeding

The traffic court judge may accept some arguments for why you were speeding. You may have needed to speed to avoid a hazard for example. There might have been an out-of-control 18-wheeler heading toward you and you would have needed to accelerate to avoid a collision.

You also might not have known the speed limit because the sign was blocked or damaged. By taking a picture of a damaged sign, you might use this as evidence that you couldn't have known the speed limit. 

If you will be fighting your speeding ticket in court, you don't have to do it alone. A speeding ticket lawyer will discuss with you which strategy you'd want to pursue in order to maximize your chances of having the ticket dismissed. The traffic ticket attorney can also represent you in court and argue why your ticket should be dismissed.

Contact a local traffic lawyer to learn more.

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