Chance of winning an unsafe lane change violation?

[Joane]

This happened in NYC.

I was in the middle lane, and waiting for green light. I want to pull inside the gas station on the next block. I signal right turn, and wait for the light to turn green, and then speed up a little to gain some distance between me and the car on the right lane. I check my right mirror and I could see its headlights and front bumper, so I made the right turn and pull inside the gas station. About 15-20 seconds later, the cop knock on my window and told me I didn't signal. Which is not true, I did signal. He asked me if the other guy honked me, and I said yes. Then he said I almost cause an accident and gave me a ticket.

The driver on the right lane only honk me once for like one second. He didn't honk like crazy, or step really hard on his brake. I don't see how it could cause an almost accident if only the other driver had to brake a little. It's not like you have to brake so hard that the tires are squeezing. I have to brake every time when someone change lane and get in front of me. The cops made a big deal out of it.

Any advices on fighting this ticket? Or should I just plead guilty and pay?

 

[seniorjudge]

What is your defense to the charge?

 

[Joane]

In my defense. The other driver brake and honk me to go. The officer had mistaken it as an almost accident.

If the officer had mistaken me for not turning the signal, then how could he be so certain of what he saw is what he think it is?

So would this defense work?

 

[The Occultist]

If the other driver had to brake for you, then you made an unsafe lane change (hint: the other driver had to brake for you if you pulled in front of him in order to make a turn in front of him).

A local attorney will best know what the courts want to hear, and thus would have the highest potential for creating the most favorable outcome for you, and since many traffic attorneys will offer free/cheap consultations, you might as well sit down with a couple of them and see what they have to say.

 

[wredlich]

50-50

To answer your question, your chances of winning on a NYC ticket are about 50-50 if you hire a lawyer.

 

[Joane]

Judging from the answers. Does it mean my chance of winning is slim with my defense?

 

[seniorjudge]

Judging from the answers. Does it mean my chance of winning is slim with my defense?

You have not stated anything which would be a defense.

 

[Joane]

You have not stated anything which would be a defense.

Is there nothing I said in this topic could be use as my defense?

 

[Zigner]

Is there nothing I said in this topic could be use as my defense?

I understand that Seniorjudge oftentimes speaks in a way which is a bit...overkill. So, let me simplify what he said earlier:

You have not stated anything which would be a defense.

 

[JIMinCA]

I understand that Seniorjudge oftentimes speaks in a way which is a bit...overkill. So, let me simplify what he said earlier:

You have not stated anything which would be a defense.

Well what do you think he came here for?? He is asking the forum for a defense... for forum members to demand a defense and then criticize him for not providing one is just stupid. I can imagine if I went to an attorney, told him my story and then he asked me "well, what is your defense?" I'd walk out of his office along with my business. The reason is... I would be expecting HIM to develop a defense. That is exactly what people come here for... to ask someone to help develop a defense.

 

[seniorjudge]

Well what do you think he came here for?? He is asking the forum for a defense... for forum members to demand a defense and then criticize him for not providing one is just stupid. I can imagine if I went to an attorney, told him my story and then he asked me "well, what is your defense?" I'd walk out of his office along with my business. The reason is... I would be expecting HIM to develop a defense. That is exactly what people come here for... to ask someone to help develop a defense.

The poster gave nothing to us that could be used to make a defense.

 

[JIMinCA]

The poster gave nothing to us that could be used to make a defense.

Then if you had nothing to offer, you should have offered nothing.

 

[seniorjudge]

In my defense. The other driver brake and honk me to go. The officer had mistaken it as an almost accident.

If the officer had mistaken me for not turning the signal, then how could he be so certain of what he saw is what he think it is?

So would this defense work?

The officer took the honk as an angry response from the other driver.

The officer will tell the court that you did not signal and that there was a near hit.

The court will believe the officer.

Thus, you have given us no facts on which we could advise you on a defense.

 

[seniorjudge]

Then if you had nothing to offer, you should have offered nothing.

Are you saying that I should not tell the poster the truth, i.e., that she has no defense?

If so, how does that help her?

Of course she should take it to trial. It's up to the government to prove the case.

Perhaps (as has happened before) maybe the cop won't show up. Maybe he'll change his story.

Who knows?

But posters deserve the truth.

 

[HomeGuru]

Then if you had nothing to offer, you should have offered nothing.

**A: I'd say something was offered by sj rather than nothing.