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2 tickets for avoiding a possible pileup...

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neuralt

Junior Member
What is the name of your state? MA
I was driving thro' NY 3 weeks back - when I was given 2 tickets! I was in the left most lane next to the HOV lane (which was empty) -- I didnt drive in there (although I didnt know about the HOV rules -- atleast 2 passengers in the car) because of the special marking there. THe traffic was slow around 45mph - nearly bumper to bumper once in a while. A stupid driver pulled into my lane from the right lane suddenly and it was too late to brake since I had just started to accelerate so to avoid him I shifted into the empty left lane (which I later found out to be the HOV lane) I honked him and then came back into my lane within 30secs -- when I was pulled over. I was suprised that I was pulled over instead of the other guy and when I asked the officer the reason I was told that I was driving in the HOV lane -- and before I could explain he went over and handed me 2 tickets --
1 for - Sec 1128 sub d ( drove over hazard marks)
2nd for - Sec 1110 sub a ( fail to obey traffic control device)
I am feeling injusticed and angry for getting 2 tickets for no fault of mine. It was true that I didnt know abt the HOV rules but I wuldnt have been in the lane in the first place if not for that idiot who cut in. I am wondering what to do abt this.
Do I have to go to the court? The Not Guilty section in the ticket states I have 30 days to appeal -- but the note underneath says I have to mail in the ticket within 48hrs (in fine print) -- Does that mean I cant appeal as not guilty? Also I dread driving 7hrs just to go to the court - Is there any other option like trial by written declaration (like in CA) for NY. I am a grad student and I neither have time nor money to waste on this.

thanks.
 


cepe10

Member
you are allowed to make an evasive move to avoid a collision so that would be a basis for NOT GUILTY

You would have to go to court and contact the court for the details.
 

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