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Good afternoon. I certainly understand the situation and concern. It is going to be a tough case to beat, since you will need to convince the Judge that the ice and snow falling from the roof, was creating a danger and posing a threat. If this was an issue, the driver A could have reduced their speed and allowed the truck to gain a further distance in from of them, so the ice and snow would not have been hitting the car. Moreover, driver A will have to explain why they needed to go 21 mph over the speed limit to pass the truck, which could have caused a deadly accident
and exposed driver A and other drivers on the road, to a dangerous condition. Driver A could have lost control of the vehicle or struck on coming traffic if they passed. Driver A is going to need to introduce evidence, to show the danger that the snow and ice were causing the justify 1) not being able to stay at a safe distance behind the truck until it fell and 2) to justify going 21 mph above the speed limit for such a short distance, in which they were able to be cited by the officer.
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