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.
An officer COULD have written a ticket so no the law was NOT complied with.
Read your state's driver's manual.
Since you have been here less than a week and your tag line depicts your mental status I understand why you might think the way you do. My brother who was involved in a double fatality while he was driving an 18 wheeler was the other persons fault, they gave my brother a breath test and an urinalysis and sent him on his way down the hiway. Some people are just stuck on stupid, that does not mean they need to go to jail and be convicted of manslaughter. If it did we would have way to many politicians in jail and that will never happen.