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I rear-ended the car in front; ticketed for "moving from lane unsafely"?

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keispree

Junior Member
What is the name of your state (only U.S. law)? NY

Hi everyone! I'm sorry if I am completely ignorant of traffic tickets & etc but I really don't know anything.

What happened was, I accidentally rear-ended the car in front of me while driving through very heavy traffic. We were moving very slowly and his car was huge whereas mine is tiny, so there was barely any damage (to his car). I wasn't trying to change lanes or anything, just driving slowly through bad traffic on the highway. We both pulled over to the side of the road and I called the police. Anyways, to make a long story short, I now have a ticket for "Moved from Lane Unsafely" 1128A, charge based on the officer's direct observation. The police officer was very nice about it and specifically told me "Here, I gave you a ticket for following too closely. Well, no, it says Moved from Lane Unsafely, but that's the same thing". Also, when he handed me the ticket, he said "Well, here's the ticket and the fine, but don't worry about it, you can argue it down anyways."

I was trying to figure out what exactly is the same about them, but couldn't really find anything. And I am quite confused about this whole ordeal and unsure of what to do. Could someone give me some advice? How much of a fine am I looking at? Do I contest it? I am a medical school student with a good gpa and this is my first traffic violation.

Thank you so much in advance!
 


OHRoadwarrior

Senior Member
The charge has to do with the officers direct observation. A charge of following to closely, would tend to support a contention you were behind the car you hit and were not paying attention. This ticket conveys that you attempting to change lanes and struck a vehicle in the lane you were moving into because you did not have enough room to get behind them, without hitting them from the rear. A quick check online suggests following to closely to give you 4 points on your license and unsafe lane change only 3. if correct, you received the better ticket.
 
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justalayman

Senior Member
The charge has to do with the officers direct observation. A charge of following to closely, would tend to support a contention you were behind the car you hit and were not paying attention. This ticket conveys that you attempting to change lanes and struck a vehicle in the lane you were moving into because you did not have enough room to get behind them, without hitting them from the rear.
but OP has specifically stated that is not the case.

I wasn't trying to change lanes or anything, just driving slowly through bad traffic on the highway.
 

OHRoadwarrior

Senior Member
but OP has specifically stated that is not the case.
If OP swerved within the lane, as observed by the officer, he is free to interpret the actions he views. It is not in OP's best interest to contest the officers interpretation by requesting the charge be amended to a four pointer. It is likely OP swerved, to try and avoid collision, prior to striking the vehicle.
 

keispree

Junior Member
Yeah, to clarify, I wasn't changing lanes and I was just moving along with slow rush-hour traffic.
The police officer wasn't there until I called 911 and a state trooper showed up 10 mins later. He wasn't technically there to see anything.

I didn't swerve, I hit on the brakes. But by then it was too late. We were traveling very veeery slowly. Like 5mph slowly. I would have happily paid the fines and such but based on what the officer said to me, it sounded like he wanted me or suggested that I go to contest it.
 
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justalayman

Senior Member
Yeah, to clarify, I wasn't changing lanes and I was just moving along with slow rush-hour traffic.
The police officer wasn't there until I called 911 and a state trooper showed up.

I didn't swerve, I hit on the brakes. But by then it was too late. We were traveling very veeery slowly. Like 5mph slowly.
if the officer argues the charge was due to his observation, either he was there and you simply didn't see him or he is lying and you have a good defense to the charge. That is something you would have to obtain his notes for.


Whenever any roadway
has been divided into two or more clearly marked lanes for traffic the
following rules in addition to all others consistent herewith shall
apply:
(a) A vehicle shall be driven as nearly as practicable entirely within
a single lane and shall not be moved from such lane until the driver has
first ascertained that such movement can be made with safety.
a violation as charged requires the driver to have left the lane. If he did not leave the lane until after the accident, unless that action itself is what is being charged, I cannot see how the charge can be sustained.
 

HighwayMan

Super Secret Senior Member
...a state trooper showed up 10 mins later. He wasn't technically there to see anything.
He doesn't need to be. In New York State a traffic ticket can be issued for a traffic infraction based on "information and belief".

I think I know exactly what happened. Since this was a trooper, I am assuming you received a computer printed ticket, correct? Did you receive a supporting deposition with the ticket?

If this is the case he put the wrong charge in when he was "writing" up the ticket. He used 1128A instead of 1129A (follow too closely) which is the correct charge. When I was new I used to always get 1128A and 1129A confused and always had to check which was which before I wrote it.
 

HighwayMan

Super Secret Senior Member
If OP swerved within the lane, as observed by the officer, he is free to interpret the actions he views.
There is no interpretation here. Unless the motorist's vehicle crosses over the pavement markings used to separate lanes VTL 1128A is not appropriate.
 

keispree

Junior Member
He doesn't need to be. In New York State a traffic ticket can be issued for a traffic infraction based on "information and belief".
Oh, that's really really good to know!

I think I know exactly what happened. Since this was a trooper, I am assuming you received a computer printed ticket, correct? Did you receive a supporting deposition with the ticket?

If this is the case he put the wrong charge in when he was "writing" up the ticket. He used 1128A instead of 1129A (follow too closely) which is the correct charge. When I was new I used to always get 1128A and 1129A confused and always had to check which was which before I wrote it.
Yes! I did get a computer printed ticket, and yes it includes a supporting deposition!
I did think it was odd, but he said both charges were the same thing, and suggested/implied that I could argue it. Could it be possible that he did that purposely and was being nice?

I honestly just want to pay the fine and eat the insurance premiums, because it weighs on my conscience (and I don't like confrontation...) but I think my parents would rather that I contest. My mom wants me to plead not guilty and go to court. Is this a really bad idea?
 

ecmst12

Senior Member
Going to court is a crapshoot. You could win and get it all dismissed, or you could lose big and have the charges corrected to what you were ACTUALLY guilty of and end up with a higher fine and more points.
 

HighwayMan

Super Secret Senior Member
Yes! I did get a computer printed ticket, and yes it includes a supporting deposition!
What does the supporting deposition say you did?


I did think it was odd, but he said both charges were the same thing, and suggested/implied that I could argue it.
They most definitely are not the same. I don't think he was being nice - I think he made an error and was just trying to blow it off.

I honestly just want to pay the fine and eat the insurance premiums, because it weighs on my conscience (and I don't like confrontation...)
What confrontation? What court is this? I may know it.

New York State troopers no longer prosecute their own cases. You should definitely enter a "not guilty" plea and go to court. A prosecutor will speak to you and the charge will almost certainly be reduced. You can even tell the prosecutor that the charge is something you wish to have a trial for since you did not change lanes. If you are confident in your dealings with him/her it may be dropped altogether.

Worst case is go to trial and THEN the trooper will show up. You'll probably walk away from a "trial" with a not guilty.
 

HighwayMan

Super Secret Senior Member
Going to court is a crapshoot. You could win and get it all dismissed, or you could lose big and have the charges corrected to what you were ACTUALLY guilty of and end up with a higher fine and more points.
Sure, but unless the OP was a "problem" for the trooper I can't see the trooper having any interest in pursuing an amendment of the charge.
 

keispree

Junior Member
What does the supporting deposition say you did?
It doesn't say much. It has:
1. 1128A
2. Moved form Lane Unsafely
7. Charge based on officer's: Direct observation

And that's all. No additional information. Unless I'm missing something on the front/top side of the document.

They most definitely are not the same. I don't think he was being nice - I think he made an error and was just trying to blow it off.
I thought he might have. I was shaking and crying and trying to stifle my tears when he pulled up to me and the guy in the other car was very rude and there was a lot of yelling on his end. The officer was really very nice to me.

What confrontation? What court is this? I may know it.

New York State troopers no longer prosecute their own cases. You should definitely enter a "not guilty" plea and go to court. A prosecutor will speak to you and the charge will almost certainly be reduced. You can even tell the prosecutor that the charge is something you wish to have a trial for since you did not change lanes. If you are confident in your dealings with him/her it may be dropped altogether.

Worst case is go to trial and THEN the trooper will show up. You'll probably walk away from a "trial" with a not guilty.
Uhmm, New Castle Town Court is what it says on the front side. Is that the right one that I'm looking for?
 

HighwayMan

Super Secret Senior Member
It doesn't say much. It has:
1. 1128A
2. Moved form Lane Unsafely
7. Charge based on officer's: Direct observation
Hmmm. The supporting deposition is supposed to provide the details of the infraction. Plus, the "direct observation" looks like another error he made on the computer - checked the wrong box. If it goes to trial one could argue that the supporting deposition is insufficient.


The officer was really very nice to me.
Uh, that's Trooper. You may get him mad if you call him "officer" ;)

Uhmm, New Castle Town Court is what it says on the front side. Is that the right one that I'm looking for?
I don't know, you tell me. Were you in New Castle? The ticket should be very clear. The court information is on the bottom on the left side of the sheet of paper he gave you. There is an address for the court and a return date.

I've never been to New Castle court but one of my co-workers is there alot. I'll ask him how it goes there.
 
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