Monday, November 22, 2010

Would you pay this ticket or go to court?

Hi, I was driving on the highway and needed to switch lanes. There was a car about 5 ft. behind me in the other lane. I turned on my turn signal and right away the car slowed down to let me in. I switched lanes and got pulled over. The cop told me I had only let my turn signal blink 2 times so he had to give me a ticket. Is there a law about how many times your turn signal must blink before changing lanes? I don't understand what law I broke.

The ticket says:

Other: Turning movements and required signals.

Def. made land change merging to left lane forcing vehicle in that lane to yield. (only 2 blinks of turn signal)



So the ticket is for not using a turn signal yet the police officer wrote down that I did infact use my turn signal but only let it blink twice. I also didn't force the other car to yield, they were just being a nice diver (very hard to come by) and they were letting me in... This is the first ticket I have ever gotten. what would you do?Would you pay this ticket or go to court?
It sounds like you have a good case, although I don't think the ticket is for not using a signal, it's for ';unsafe turning movement'; (lane change is considered a turning movement). It'll be your word against the officer and he probably didn't realize that the other driver slowed to let you in. From his view it may have indeed appeared that she 'had' to yield to your lane change. The law doesn't address the number of blinks that are required, but it can be a factor in determining whether the lane change is safe and gives other drivers enough time to react.



That said, fighting the ticket may require two appearances (the first to plead not guilty and the second for trial). Each will be at least a half a day, with trial more likely requiring a full day. If you lose, you'll pay the fine plus court costs, but if you win you'll pay nothing.



If you fight it, you get to ask the cop questions. You should ask him what he observed that caused him to believe the other car was ';forced'; to yield. Did he see brake lights? He may not recall, which will be good for you. When you testify, do so calmly and unemotionally. You need to focus on what you observed and why you began your lane change when you did, i.e. you observed the other car slow to let you in.



Good luck.Would you pay this ticket or go to court?
The DMV handbook, at highway speeds it best to signal for at least 5 second BEFORE the turn point (your decision)(it's only advice). The law in the code book says ';for a minimum of 100 feet';. Thus at slow speeds it's ridiculous a tad. And at high speeds it not enough. It's a forewarning only.

Report Abuse


Go to court.
I'd fight it, that is just stupid. As long as you signaled and changed lanes safely, a judge will dismiss this ticket.
Yeah, I'd definately go to court on that one.
since it is your first ticket...go to court...hopefully the police officer will not show up..and you can plead your case...maybe get it dropped.



good luck
Take it to court, the cop may or may not arrive. If he doesn't the ticket should get thrown out. IF he does explain that the car had yielded and you were checking your mirrors and blind spot to make sure that the car had slowed down for you to get in. The worst that can happen is you will have to pay the ticket.
Go to court. Most likely the traffic judge will side with the officer, but he will most likely give you the opportunity to take the offensive driving class which will keep the ticket off your insurance.
GO TO COURT!!!!! DO IT!! YOU WON'T!!
I would go to court but take all you information with you regarding the signaling laws. In most states when you signal which rarely happens this day and age, the other driver must have time to react to your signal. I think a good argument would be how did the cop know your signal only blinked twice was he the one behind you? I would fight this one.
Definitely go to court, (what city , state), laws mite be different, but i wouldn't think so with that, usually if the officer does not show (more than likely too busy to show for all tickets given out) it gets thrown out or brought down to a lesser charge. Yes definitely go to court, the first time they will ask if you are guilty or not, and they always say to say not, then you are given a court date to plea your case, and then probably be thrown out. Best of luck to you.
Pay the fine. This could have been reckless operation of a motor vehicle. First a turn signal does not give you the right of way when changing lanes it is an indication of your intent. It also appears that you were not paying attention to your driving by switching lanes with a car so close. You invaded their space and their right of way. You could have caused a big pileup. You should have been in the correct lane at the time or wait until the car passed.
IF you are telling the truth, the i would say fight it.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.