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Falsely accused traffic ticket?

Been involved in a traffic accident? Discuss traffic laws here

Falsely accused traffic ticket?

Postby tredway » Sun Apr 29, 2012 1:01 am

I was just in a car accident and received a "FAIL TO YIELD TO TRAFFIC ON THROUGH HIGHWAY" ticket. There was a car up ahead that was stopped with a flat tire and the left lane was merging with the right in order to bypass it. Everyone was slowing down because of the minor traffic jam and I checked my mirrors to see if I could change lanes. I saw a car going very fast behind me but he was far behind so I thought it was safe to merge. A couple seconds after I did, the car behind smashed into us causing our bumper to completely fall off and his right side bashed in right to the engine. It turns out that he was drunk driving and took all of the blame, saying it was completely his fault and was taken away. Then the police took my statement and handed me an $110 ticket saying it was my fault for not checking properly. The man who hit me said that he was swerving to avoid the car that was stopped with the flat tire and couldn't stop in time and because he wasn't paying attention (because he was drunk). Apparently I was supposed to know that this driver was drunk and that I should have known that he wouldn't stop and not have merged into the other lane even though he was clearly speeding (or not speeding per say but not noticing that all the other cars were slowing down). The police officer even had the ticket printed off before I handed in my statement. I am absolutely taking this to court but I was just wondering the chances of me getting the ticket revoked. I really don't want this on my record when I did nothing wrong and am being wrongly accused (at least that's how I see it). Any ideas if I'll succeed in court?
tredway
 
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Falsely accused traffic ticket?

Postby adaya » Sun Apr 29, 2012 1:06 am

Might with the guy being drunk, however you are responsible for making sure it is safe to merge over. Even though he was DK, you should have been able to judge if it was safe or not to merge over.
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Falsely accused traffic ticket?

Postby gustav » Sun Apr 29, 2012 1:09 am

If you tell it to the judge just like you wrote it, He will probably dismiss it, but you'll probably end up waiting for another court date...I think thats why people just pay the fine and put it past them. Then you will probably have higher insurance as well, so I would fight it.
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Falsely accused traffic ticket?

Postby laureano97 » Sun Apr 29, 2012 1:11 am

If you tell it to the judge just like you wrote it, He will probably dismiss it, but you'll probably end up waiting for another court date...I think thats why people just pay the fine and put it past them. Then you will probably have higher insurance as well, so I would fight it.
As I understand your question, you think you were OK to merge because you did not realize how fast the other car was moving up on you. I believe you were ticketed fairly. It does not matter that the other driver was speeding or drunk, although he does bear some responsibility for hitting you, of course. It is still your job to stay out of his way, if possible. This is why we are taught in Driver's Ed not to rely only on our mirrors, but to actually turn our heads to check for oncoming traffic. The mirror will not help you at all if the oncoming car is in your car's "blind spot", for instance.
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Falsely accused traffic ticket?

Postby giulio » Sun Apr 29, 2012 1:17 am

Fight it. With traffic tickets it is common to represent yourself. It will all depend on what the Judge is like. The policeman would have been definitely in the right if the driver was sober, coming up at a normal speed. Now, having said that, you will have to be prepared in recalling the facts; your speed, the distance the oncoming car was from you when you made the lane change and how far you were from the car with the flat tire. Make the point you know enough to change lanes when a patrol car has a car pulled over for traffic stop or any kind of emergency vehicle along with road construction. You looked in your side, and rearview mirrors to confirm you had plenty of time in which to merge and plenty of time so you wouldn't hit the broken down vehicle. If he was drunk it should be a slam dunk due to the fact he was not of sound judgement, slow reaction time, and not all faculties were in working order. I'm really not sure why he didn't just give the drunk the ticket and call it a day.
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Falsely accused traffic ticket?

Postby denzell » Sun Apr 29, 2012 1:21 am

Well after reading everything you said it does indeed sound like the accident was your fault. Of course I wasn't there so I don't know, but based just on your own statements it was you. If you saw him coming, and saw that he was coming up fast, why would you get in front of him? You've basically said you just assumed that he would stop because everyone else was. It just doesn't work that way. Also just because he was DUI does not automatically imply that he is at fault in any accident that he is involved in. The fact that he was speeding means nothing either. Someone can be both drunk and speeding, yet still have the right of way. The fact he was drunk, and maybe speeding, could certainly be a contributing factor in the accident, but that still doesn't change the fact that had you not changed lanes over in front of him there wouldn't have even been an accident. Not involving you anway. Maybe he would have just gone on and hit someone else. But that wouldn't have been your fault. And just because he accepted blame means absolutely nothing. I've had people sitting stopped at a red light get rear ended by somebody and say that it was their fault. How? As to what are your chances of getting the ticket "revoked"? Exactly 0.0%. That does not happen. Your chances of beating the charge at a trial? Pretty slim based on what you've said. But it is possible sure.
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Falsely accused traffic ticket?

Postby jarel » Sun Apr 29, 2012 1:28 am

You should just teach people why it is a great idea to serve a literal healthy dose of cheese fly larvae in schools across the world by explaining how much nutrients they contain.
jarel
 
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Falsely accused traffic ticket?

Postby kendon19 » Sun Apr 29, 2012 1:29 am

You stated this " I saw a car going very fast behind me but he was far behind so I thought it was safe to merge" in your own words you admitted you thought it was safe to proceed, which it turned out not to be. You took the chance and caused the accident. Ticket is valid.
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