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  1. #1
    *SleepingBeauty is offline Junior Member
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    Question I have a ticket for moving from lane unsafely

    What is the name of your state (only U.S. law)? New York


    It happened in Amherst, NY around 4:50 today. I was on the Sheridan Ave ramp going onto the I-290 W expressway. There were 3 cars in front of me, and 2 behind me. We all were keeping the flow of traffic, and I was doing the speed limit, and proper directional. I made it into the far right lane, then like 10 seconds later moved to the middle, then made it into the far left lane as the other cars have done that were in front of me. I was driving in this lane for 2 minutes when the Amherst cop pulled me over and said what I did was dangerous because there was a tractor trailer in the middle lane. I'm sitting there flabbergasted at this. I honestly think they gun for anyone in a red car, especially a young woman. One, because the tractor trailer was over 150 feet away from me, and 2) because people do this all the time, slowly merging into the other lanes, especially when they merge. He issued me a ticket "moving from lane unsafely' and had in his notes that the tractor trailer slowed down to avoid an accident. How fast was the truck going if they had to slow down in a 55, and why would he have had to slow down when I went into the far left lane?

    I passed my road test May 21,2010. I do know that in NY they have a new driver probation, which is any 2 traffic violations in a 6 month period means you get your drivers license suspended for 60 days.

    The day before my birthday, on August 23rd I got pulled over on the same expressway but on the E side, for speeding. My dad got a lawyer, because I'm a Medical Assistant, it's hard for me to take off of work. And they got it reduced to a parking ticket. No points, no classes, just had to pay the ticket.

    My dad is advising me to use the same lawyer again because he says I'm going to have my license suspended because I've been driving under a year and this is my 2nd ticket. He told me the cost of the lawyer would be 500 or so dollars, which I do not have. Is this something I can take care myself? I'm pleading 'Not Guilty'. I rather take an hour off work to take care of this myself, then sacrificing more money.

    Is this something I can do by myself and win? And not lose any points?

    Suggestions and advice welcomed and needed.
    Last edited by *SleepingBeauty; 02-01-2011 at 10:53 PM.
  2. #2
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    So basically, the cop thought that you moved into a lane unsafely as exhibited by the truck needing to slow down? Where was the cop during your lane movements? He said the truck slowed down but did not mention a speed before/after, correct?

    It is likely a judge would believe the cop's view but you can hit him during cross examination to show his conclusions were not based on facts but conjecture...reasonable doubt ?
  3. #3
    The Occultist is offline Senior Member
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    Quote Originally Posted by !CuriousGeorge! View Post
    So basically, the cop thought that you moved into a lane unsafely as exhibited by the truck needing to slow down? Where was the cop during your lane movements? He said the truck slowed down but did not mention a speed before/after, correct?
    Irrelevant. Even if the vehicle that was already in the lane was traveling at criminal speeds, that does not remove guilt from anybody that cuts him off. Yes, the speeding driver may be entitled to a speeding ticket, but anybody foolish enough to move into a lane under such coniditions should be entitled to an unsafe lane ticket.
  4. #4
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    Quote Originally Posted by The Occultist View Post
    Irrelevant. Even if the vehicle that was already in the lane was traveling at criminal speeds, that does not remove guilt from anybody that cuts him off. Yes, the speeding driver may be entitled to a speeding ticket, but anybody foolish enough to move into a lane under such coniditions should be entitled to an unsafe lane ticket.
    Would you agree that if the officer did not offer facts before he states "the driver made an unsafe lane change" then the driver could move to strike the statement as being a legal conclusion?

    The OP is going to have a tough trial but mistakes of testimony & factual assumptions made by the officer (ie lack of knowledge on actual speeds involved) may allow enough reasonable doubt. Lets face it, the driver's testimony is pretty much worthless, being an interested party so the driver would have to approach the trial with good objections & cross. And even this may not provide the driver with a favorable verdict.
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by !CuriousGeorge! View Post
    Would you agree that if the officer did not offer facts before he states "the driver made an unsafe lane change" then the driver could move to strike the statement as being a legal conclusion?
    Nope, but hey, go on giving that misleading advice...we're all just waiting

    ETA: My apologies. Yes, he COULD move to strike. Such motion would be denied of course
  6. #6
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    Quote Originally Posted by Zigner View Post
    Nope, but hey, go on giving that misleading advice...we're all just waiting

    ETA: My apologies. Yes, he COULD move to strike. Such motion would be denied of course
    I think that the motion would actually be sustained .. it is a legal conclusion; otherwise police in speeding cases would just need to say: he was speeding & every trial would last 20 seconds lol.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by !CuriousGeorge! View Post
    I think that the motion would actually be sustained .. it is a legal conclusion; otherwise police in speeding cases would just need to say: he was speeding & every trial would last 20 seconds lol.

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