A driver traveling down a 4% grade collides with a roadside object in rainy conditions, and is issued a ticket for driving too fast for conditions.

The posted speed limit is 65 mi/h. The accident investigation team determined the following: The vehicle was traveling 40 mi/h when it struck the object, braking skid marks started 205 ft before the struck object, the pavement is in good condition, and the braking efficiency of the vehicle was 93%.

Using theoretical stopping distance, assuming aerodynamic resistance is negligible, and with the coefficient rolling resistance approximated as 0.015, should the driver appeal the ticket? Why or why not?