Speeding ticket contention

[Miles7s]

Jurisdiction

New Mexico

Today I was in a car accident while trying to swerve away from a deer, my tire caught an icy patch and I ended up on the sidewalk and ran into a county sign. The cops arrived due to a bystander calling them. The speed limit in the area is 25, I told the cop I was going 25-30 which was true. After the fact the cop cited me for NM Statute 66-7-301 I believe based on the court notice, it says (Speeding mph in a zone under that statute number) after researching the number it states that that is speeding 16-25 mph over. The cop said he wrote the citation because I was going too fast for the road conditions, however, I am unable to find any law that mentions road conditions changing the speed limit. Is this citation worth contesting there is currently no price on it and I have to appear in court and want a plan asap

 

[Zigner]

2015 New Mexico Statutes :: Chapter 66 - Motor Vehicles :: Section 7 :: Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety :: Section 4 :: TRAFFIC LAWS GENERALLY :: Section 66-7-301 :: Speed regulation. addresses a speed based on conditions, but it doesn't seem to apply in your situation since you didn't collide with another vehicle or person.

With that said, you admitted that you were speeding (wasn't smart). If you want a "plan", then you need to speak to a local attorney and not rely on random folks on the internet.

 

[adjusterjack]

after researching the number it states that that is speeding 16-25 mph over.

If you are referring to the statute, it doesn't "state" that at all. Read if for yourself:

New Mexico Statutes Section 66-7-301 (2021) - Speed regulation. :: 2021 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

This statute has a catch-all "reasonable and prudent" provision in the form of:

B. In every event, speed shall be so controlled by the driver as may be necessary:
(2) to comply with ... the duty of all persons to use due care...

Driving 25 to 30 mph with icy road conditions is not exercising due care. That you lost control of your vehicle is prima facie evidence that you were not exercising due care. Had you been exercising due care (driving slowly to compensate for icy conditions) you would not have lost control of your vehicle.

That's why you got cited.

Now, if there is some technical defect in the citation, well, that's beyond my ken and I suggest you talk to a traffic attorney.

The moral of the story: bad weather = slow down below the speed limit to avoid losing control of your vehicle.

 

[Zigner]

@adjusterjack Let's break this down (and I'll point out what I missed in my earlier post):

B. In every event, speed shall be so controlled by the driver as may be necessary:

(1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway;
OP didn't collide with a person, vehicle, or other conveyance on or entering the highway.

(2) to comply with legal requirements as may be established by the department of transportation or the New Mexico state police division of the department of public safety and the duty of all persons to use due care; and
The officer is contending that the OP failed in his (or her) duty to use due care.

(3) to protect workers in construction zones posted as double fine zones or other safety zones posted as double fine zones as designated by the department of transportation.
Doesn't apply.

So I agree with you @adjusterjack

 

[adjusterjack]

The officer is contending that the OP failed in his (or her) duty to use due care.

Yes, it's the equivalent of "speed reasonable and prudent" which, I imagine, exists in the traffic statutes of every state, in some form or another.

 

[army judge]

The cop said he wrote the citation because I was going too fast for the road conditions, however, I am unable to find any law that mentions road conditions changing the speed limit.

Take an easier way out, mate.

What is a "guilty deferred" sentence?
Many New Mexico drivers have received 'guilty deferred' sentences for traffic violations. A "deferred" sentence is one for which drivers must satisfy conditions as established by a Court – such as attending driving school, community service, a 90-day probation period during which the driver must maintain a clean record, etc. Upon compliance with court conditions, the citation is dismissed.

If you have not complied with the court sentence, your license will be suspended.

What is a "guilty deferred" sentence? | Motor Vehicle Division NM

Or:


New Mexico Traffic School Options
In New Mexico, defensive driving courses can be completed in person in a classroom setting. These courses usually are held on a weekend or in the evening. Another option that is becoming the popular choice among drivers is to take your defensive driving course online. Some of the benefits of an online course include:

Around-the-clock access to the course.
Stopping and starting at any time.
Working from home, school, work, or wherever you can find an Internet connection.
Many online defensive courses also offer technical support if you run into any problems.

New Mexico Defensive Driving Course Details
The details of your defensive driving course vary by state and they are constantly evolving. Below you will find some generalized requirements and facts, but it's always a good idea to check with the New Mexico Motor Vehicle Division (MVD) at (888) 683-4636.

Here are some generalized requirements for taking defensive driving/traffic school:

You need to have a valid New Mexico driver's license.
If you were ticketed, you were not driving a commercial vehicle at the time.
You have not taken defensive driving within the last 12 to 18 months (this may vary).
If you want to dismiss a traffic ticket, you will need to check with the New Mexico court handling your case to see if you are eligible for a ticket dismissal. In most cases you will receive a notice informing you of your eligibility.

A New Mexico defensive driving course typically takes 4 hours to complete; however, in some cases a course will consist of up to 8 hours.

If you opt for an online defensive driving course, you might be required to complete it within a certain number of days after signing up. Usually, if you do not successfully complete your course within the specified time, you'll fail it and you won't be eligible to get a refund for your money.

You will also need to to pass a final exam at the end of your course. The length of the final exam for your driver improvement course may vary and is determined by the county where you received your citation. Your court regulations will decide if you're able to retake the final exam if you don't pass successfully the first time you take it.

New Mexico Defensive Driving & Traffic School | DMV.ORG