Court Date Tomorrow! Unsafe Lane Change (Violation). help my defense!

Court Date TODAY! Unsafe Lane Change (Violation). how do i beat it??

What is the name of your state? New York

I received a ticket in New york City while i was about to enter the Holland Tunnel to New Jersey. The officer cited (Unsafe lane change), however, I was merely just merging onto traffic entering the holland tunnel. I signaled and waited for traffic to clear before i even changed lanes. I was about to enter the tunnel when he told me to back up and pulled me over to the shoulder. He never told me what I had done wrong, until i was handed the ticket with that violation. During an ensuing argument I had with him, he made a quick remark, citing my ethnicity (which is Asian). I believe he was being biased as my ethnicity should not have been brought up to begin with.
What's my best defense with the court judge?

btw- does anyone know what happens if the traffic officer doesn't show up in court today?....would it be an automatic dismissal?....if he does show, would i be better off rescheduling the hearing and get a lawyer present?

Hummmm he made a remark in an ensuing argument, I wonder who started that?
Well if your court date is tomorrow, what counsel have you sought since getting the ticket and what did they say?
BTW just because you don't think the lane change, unsafe, doesn't safe make it

LeeNYC said:

What's my best defense with the court judge?

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Your BEST defense:
You: "Your Honor, I do not believe I was guilty of the violation".
Court: "And why is that?"
You: "Because I was just merging into traffic."
Court: "And did you signal your 'merging' into traffic?"
You: "No."
Court: "And that my little Asian friend, is why you got the flippin' ticket!! Guilty"

I guarantee there is more to this story. The Holland approaches, particularly after 9/11, are a nightmare of gridlock and police walking among the lanes. I bet our little buddy neglected to notice said walking officer during the merge, or something equally important which he forgot to mention.

I suggest paying the ticket.

You Are Guilty said:

I guarantee there is more to this story. The Holland approaches, particularly after 9/11, are a nightmare of gridlock and police walking among the lanes. I bet our little buddy neglected to notice said walking officer during the merge, or something equally important which he forgot to mention.

I suggest paying the ticket.

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This is not PC but.......
Maybe there was a windshield in the way so he couldn't see

Are you appearing in NYSDMV Traffic Violations Bureau for this ticket? What agency was the officer with that issued you the ticket?

I really don't recommend appearing in TVB and representing yourself. There are no plea bargains there and everything goes to trial. The officer who issued you the summons will be there.

what's wrong with TVB?

I will have to appear in Downtown Traffic Violations Bureau. Does it matter whether or not the officer will be there (he's NYPD traffic cop)? I'm planning to plea not guilty. and tell my side of the story.

LeeNYC said:

I will have to appear in Downtown Traffic Violations Bureau. Does it matter whether or not the officer will be there (he's NYPD traffic cop)? I'm planning to plea not guilty. and tell my side of the story.

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The officer is supposed to be there. Thats how TVB works. He will tell his side, you can cross examine him and offer any explanation you want. Be advised though, the judge almost always sides with the cop at TVB, especially if you do not have an attorney.

do i stand a chance?

If the police officer shows up to court and the judge will usually side with them, then what kind of chance do i stand against that?....would it be wise to have a lawyer represent me then?....if found guilty of violation (unsafe lane change)...does anyone know the penalty of such actions (fines and points?) in NYC jurisdiction.
Thanks for any advice you can offer.

LeeNYC said:

If the police officer shows up to court and the judge will usually side with them, then what kind of chance do i stand against that?....would it be wise to have a lawyer represent me then?....if found guilty of violation (unsafe lane change)...does anyone know the penalty of such actions (fines and points?) in NYC jurisdiction.
Thanks for any advice you can offer.

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I think improper lane change is 2 or 3 points and a $150 fine.

The point of the lawyer at TVB is that they will try and get the officer to deliver inconsistant testimony so the charge is dismissed. Generally traffic/criminal attorneys know how to and have experience in cross examination; a regular person does not. I believe you can adjourn and tell them you want to find an attorney.

I imagine it would be difficult to trip up an experienced NYC officer in court.

Unsafe lane change is one of the highest causes of accidents in NYC so they have stepped up "education" of the public.

Robbie0723 said:

I imagine it would be difficult to trip up an experienced NYC officer in court.

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It's not. They tend to be traffic agents because the handing-out-flyers-to-pedestrians job was too difficult to comprehend. That's why they now have barcode scanners to write tickets because a good percentage weren't even able to correctly copy the information off the registration stickers without computer help.

And even with an attorney, without a witness to support the defense besides the driver, there's about a 1% chance of getting it dismissed.