Asked 7/15/2016 – Huntsville, TX

I was driving on the highway in rainy conditions about 10-15 miles per hour under the posted speed limit. I hydroplaned and flew into the median and hit the cable guardrail. No other vehicles were involved, and I was not injured but my car was not drive-able because a tire went flat. There was no cop present however once it was towed to a safe location he gave me a ticket for unsafe speed stating although I said I was driving under the posted speed limit I should have been driving slower in the rainy conditions. Are there any chances that this would be dismissed even if the cop does appear at the court date?

Answer

Operating a motor vehicle under the posted speed limit is NOT a defense to the allegation of unsafe speed. See Texas Transportation Code 545.351 – a person “shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle..” Talk with a local attorney about the procedures of the local court and what your options are.