What are the chances at trial to get a citation dismissed due to the extenuating circumstances?

UPDATED: Oct 2, 2022

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What are the chances at trial to get a citation dismissed due to the extenuating circumstances?

My daughter, age 17, was driving to school during the nor’easter that blew through Maryland on Oct 16 2019. That storm dumped almost 2

Asked on November 3, 2019 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Essentially, there is no chance:
1) Even if another car went off the road shortly thereafter during or due to the same storm, that just shows that another was also going too fast for the conditions; it does not prove that your daughter was driving at an appropriate speed.
2) That there is an accident a year on that stretch is actually not a very high rate of accidents and does not show inherently unsafe conditions.
3) And if the road is unsafe in some way there--e.g. too narrow, too steep, bad drainage, sharp bends, etc.--that just indicates to control your vehicle's speed appropriately, drivers need to slow more. It does not justify driving faster than is appropriate.

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