Say the driver in this case had been driving the limit (40) which STILL would have been too fast for weather conditions.
At what point would the driver have been compliant with the law with regards to speed?
"What if" the driver had wrecked at 40mph? Would (s)he still be charged with failure to control speed (by not applying the brakes prior to impact)?
yup. if it wasn't the speed, they would have used the lack of braking to convict. and had they braked, they would have looked at the data to see if they steered to try and avoid the collision. its a slippery slope, and once we get on it - every traffic accident that involves injury or death will be turned into a criminal trial. and how soon before the trial lawyers start asking for the data in civil cases too?
Had the driver been going 40 the law would have been complied with right?
I think you raise an interesting point that will need to be addressed. I would say that More facts are better than less facts.
I would think that more people would follow the rules of the road to a much greater degree if they KNEW that the truth was being recorded about their driving habits.
If she had failed to control speed cuz she didnt put on the brakes I would offer that is a fact that should be known. I cannot say that should or should not be the determining factor in charging her, but I will say it can play a part. All facts should imho.
At what point would the driver have been compliant with the law with regards to speed?
The posted speed limit (40 mph in this case) is the speed limit under "ideal" conditions. The law requires a person to not to exceed a much lower limit under poor weather conditions, and obviously much much lower if the conditions are icy.
From the Massachusetts Highway Manual: "“No person operating a motor vehicle will run it at a rate of speed that is greater than reasonable or proper." It is clear evidence that the person was exceeding what was "reasonable and proper" if their speed contributed to the accident. Additionally, quoting again: "it is the responsibility of each motorist to reduce his/her speed for unfavorable weather conditions, poor visibility, or higher traffic volume. Posted speed limits are also a guide and serve as a guide to enforcement officers to what is a reasonable maximum speed for ideal conditions.