Losing Defense: My Car Can’t Go That Fast
By Andrew Flusche From http://www.andrewflusche.com • Feb 8th, 2012 • Category: Blog Entries.Local
If you’re charged with reckless driving by speed or speeding, here’s a defense that is probably going to lose:
“My car can’t go that fast!”
I hear that quite often from potential clients. And these are usually folks charged with going 80 to 90 mph.
What car won’t go 85 on the interstate? Unless it’s truly a junk heap, it will go when the pedal’s pushed down.
More importantly, how could we prove in court that your car won’t get up to the alleged speed? We really can’t. I suppose we could have someone put the gas pedal to the floorboard and see how fast the car would go. But I’d bet the car would get up to the alleged speed.
I’m not saying that officers are always correct about the speed they’ve charged you with. We just have better arguments and defenses than “my car can’t go that fast.”
Photo by Gonzalo Déniz
Originally published at AndrewFlusche.com. © 2012 Andrew Flusche. Losing Defense: My Car Can’t Go That Fast
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