Improper Lane Chane

Status
Not open for further replies.

SERbOy

New Member
Hi, Im not sure what jurisdication this is, but it was done by the sherrifs office, so i dont know if that helps.

Basically this is what happened. I was driving on the highway I-95 along with a few other drivers around me. There was a driver coming up behind me pretty quick, so my passanger said "Why dont you get over and let him pass?" So I put on my turn signal, and went to change lanes because I didnt see anyone in my mirror or next to me. As I approached the edge of my lane I saw an suv in my mirror that was in my blind spot , so i just swung back to the center of my lane. The suv panicked and swerved and ended up losing control of her vehicle and hit the driver that was behind me. Now I stopped and ran to the scene to make sure that everyone was ok , I am first aide certified so i was really concerned. Anyway, after everyone calmed down , we all we're talking and just getting to know eachother , so when the officer cited me with an "Improper Lane Change" I didnt really pay any attention , until later when I thought about it. I never actually left my lane, and I figured that when i told the officer what happened all I said was " I went to change lanes and she was in my blind spot, and she swerved" So I think that the officer assumed that I crossed lanes and FORCED her to swerve,when in fact she lost control of her vehicle and I remained in complete control. Is this accident really my fault according to the law I'd appreciate your opinions and advice very much, thank you

Anthony Avalle
Florida
 
Go to court and ask the judge if you can tell your side of the story.








Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
If you contest the ticket, it is likely they will have to dismiss. The officer did not see what happened and can only testify as to what he observed and what you told him, everything else is hearsay unless another witness shows.
 
Status
Not open for further replies.
Back
Top