Ticketed for unsafe lane change when cop changed into same lane at the same time

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mman426

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I was pulled over and ticketed for unsafe lane changing the other day and I'm trying to decide whether I should plea not guilty or guilty with an explanation when I get to court. I don't think it's worth hiriing a lawyer for since it's only a $90 ticket with one point, and I really just want to avoid that point if possible. I do have a previous probation before judgement that I believe I'm out of probation for (It's been over two years).

Anyway, the situation is that I came up to a light where the police cruiser was currently in the right most lane (of 3) and must have previously pulled someone over as it had lights on and was horizontal across the lane, there was another car in the middle lane and I was in the left most lane. When the light turned green I crossed the intersection and shortly after put my turn signal on, I looked right and saw the cruiser still in the right most lane and nothing in the middle lane, I then checked my right mirror and saw the other car was far behind us (4-5 car lanes at least), I then moved into the middle lane and I immediately checked my rear view and saw that the cruiser had switched lanes and had to brake to avoid hitting me. I was then pulled over and ticketed (by the officer in the passenger's seat) for changing lanes unsafely.

What do you think? I feel like I have a chance of explaining to the judge what happened, but I feel as though the officer(s) will just deny it and I have no proof of what happened. I've considered trying to pursue obtaining the footage of the dash cam but I feel as though that will a waste of effort and would only make the officers more likely to show up for court that day to fight me.
 
The judge cares only about one thing, taking your money.

If traffic school is an option, I'd investigate that option.

Of a deferred adjudication is an option, I'd pursue that solution.

Otherwise, all an appearance will do is result in a conviction, waste of a day, and assessment of a fine.

These people no longer care about what you have to say, they only want your money.

The best thing you can do is avoid all contact with them, obey their laws, and stay out of their way.
 
My what bad advice you give!

Maryland Annotated Code, Transportation Article, 21-309(b):

A vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from that lane or moved from a shoulder or bikeway into a lane until the driver has determined that it is safe to do so.

The language states "until the driver has determined that it is safe to do so," not "REASONABLY determined." Accordingly, in order to prosecute this case, the State must prove what is in the determined mind of the motorist and when, not whether the determination is objectively reasonable.

Police are often very skilled at many tasks in their professional duties but mind-reading is not among them. No one should plead guilty to this ticket in my professional judgment unless the opportunity cost of appearing in court exceeds both the pre-payable fine and the damage from a moving violation on one's record for three years on one's insurance bills. I would go so far as to consider it malpractice to recommend a plea to this charge.

Bottom line, go to court, provide the details as you have here and you stand a very good chance of having it thrown out.
 
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