Failing to signal lane change

[airmax617]

I received a ticket in NY for failing to signal lane change. Is there any procedure a cop must follow in order to ticket for failing to signal lane change?? ...like check to see if my turn signal was working?

I borrowed the car I was driving and the turn signal wasn't working. There was no way I could've signaled. Shouldn't the cop have asked to see if they were working?

Also, that lane change happened to be an emergency lane change because I got cut off. In order to avoid the car I changed lanes rapidly...it's also the reason i believe the cop targeted me.

Another problem is that on the ticket itself the last letter of the violation code is unclear. The code that the cop meant to charge me with was 1163 D. The ticket says 116 and the last letter is unclear.

What is my best defense? Thanks.

 

[stephenk]

you could argue that you had to make an immediate lane change and had no time to signal and that you normally do signal when making lane changes. dont argue that the turn signal doesnt work.

 

[airmax617]

Is there anything in a law book that I can site that allows me to make emergency manuevers?

The problem is that I switched lanes twice...not knowing the cop was behind me.

 

[justin2003]

Is there anything in a law book that I can site that allows me to make emergency manuevers?

The problem is that I switched lanes twice...not knowing the cop was behind me.

you need to prove that breaking the law would be more detrimental that abiding by it.

 

[airmax617]

I hear that in a NYC court I won't be given a chance to prove that it would be worse to abide the law than to break it. The judges here don't take any BS.

I have a receipt from a mechanic shop that the turn signal system was replaced...the bill is around $400. Also, there must be some kind of procedure the cops must follow in order to ticket me for failing to signal. I burrowed the car...there was no way i could know that the turn signal wasn't working.

Can anyone help me find police procedure or a law that would help my case??

Thanks a lot... Max

 

[justin2003]

Max,

You may have a fighting chance if you were cited on the way to get "your" signal fixed.

Either way, as a reasonably prudent person, you should not have driven the vehicle if the features were not working.

If commissioners/judges/magistrates do not take BS, you're just going to have to be more careful next time.

 

[airmax617]

Thanks for the reply. Every time i get into a car i have to check whether or not all 4 turn signals are working? This wasn't even my car. There must be some kind of leeway in the law...

Any other suggestions??? Thanks ... Max



PS. I spoke to a traffic lawyer and he said that its an interesting argument...and that he hasn't heard of it in court before.

 

[airmax617]

When I go to court with this...is it possible for the cop to give me any other tickets besides this charge?? (for reckless driving, speeding)???

 

[justin2003]

at the trial. NO

 

[airmax617]

thats what i thought....thanks

 

[spawn_x]

how did you know the signal wasn't working? The person who gave you the vehicle told you?

if you knew it wasn't working, why did you drive it? Were you going over to fix it and have the receipt?

you switched lanes because someone cut you off? And when did you have the time to look over your shoulder to see if there are any other cars coming so it would be safe for you to break the law? And what would happen if you hit the car on the left? The accident would be your fault.

pay the damn ticket and quit whining.

 

[Kaz the Minotau]

I agree. The offier probably could have cited you for an equipment violation for having faulty equipment. You were the driver and it your responsibility to make sure that the vehicle is in the proper working order.