Driving Too Fast for Conditions: Fighting Traffic Violations in Winter Weather

Wintertime in Colorado often means treacherous traffic conditions and a spike in the number of car accidents. As a result, law enforcement steps up their efforts to ensure that people drive safely. However, many drivers are surprised to learn that they can be charged with a traffic infraction even though they were otherwise following the law. While a driving too fast for conditions charge is a comparatively minor offense, it can have a significant impact on your driving record and your insurance premiums. If you have been charged with driving too fast for conditions, get the help you need by contacting an experienced traffic violation lawyer

What Does “Driving Too Fast for Conditions” Mean? 

Most drivers are unaware that they can be charged with speeding even when they are obeying the speed limit. Colorado law actually states, “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.” Colorado law then goes on to state, “No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

As a result, you can be charged with speeding if the officer who wrote the ticket believed that the speed you were traveling was not “reasonable and prudent” in light of the road conditions at that time. For example: 

  • You are driving on a highway with a posted speed limit of 55 miles per hour. It is snowing and the road is icy, so you reduce your speed to 45 miles per hour. You are pulled over and charged with driving too fast for conditions because the officer believed that 45 miles per hour was not a “reasonable and prudent” speed at that time. 

Unlike the typical speeding violation, driving too fast for conditions is somewhat subjective. An experienced traffic violation lawyer will know what you can do to get a fair result. 

The Penalties of a Driving Too Fast for Conditions Charge

Driving too fast for conditions is a class A traffic infraction, which carries potential fines that range from $15.00 to $200 plus points on your license. The penalties you face will depend on how fast you were going. For example: 

  • 1-4 mph over the “reasonable and prudent” speed: $30
  • 5-9 mph over the “reasonable and prudent” speed: $70
  • 10-19 mph over the “reasonable and prudent” speed: $135
  • 20-24 mph over the “reasonable and prudent” speed: $200

In cases where the weather is the main issue, you can expect a fine of $100.00. More importantly, points may be assessed against your license – this can be a serious problem if you already have points against your license. 

Talk to a Traffic Violation Lawyer at Rodemer | Kane Today

If you have been charged with driving too fast due to weather conditions, we can help you get a fair result. Call or email us to schedule a free consultation.