Improper Lane Change Florida

[frogmannumero39]

I live in South Florida (Broward County) and I was involved in an accident during a torrentual rain storm.

The cop was not in witness to the accident but cited me anyway for an improper lane change based off the damage and other party's report.

The REAL story happened like this (and I will not be bias and slander in any way). I was in left lane (two lanes total) and traffic was stopped ahead of me. I checked my mirror and apparently she was in my blind spot. I changed lanes to the right lane and my front pass side of my vehicle hit her driver side of her vehicle. Yes, my vehicle hit hers; however, in this great country's court of law, there is always a loophole to get out of a ticket.

The fact that the officer was not a witness to the accident and it is her word vs. mine, is there a way out of the accident? I cannot afford the ticket, nor the points due to increased insurance premiums.

HELP!!!

 

[HighwayMan]

That is why you must turn your head and LOOK before changing lanes to check the blind spot. Your statement makes it sound as if the fact that the other car was in your blind spot is a justification for making an unsafe lane change.

 

[asiny]

I live in South Florida (Broward County) and I was involved in an accident during a torrentual rain storm.

The cop was not in witness to the accident but cited me anyway for an improper lane change based off the damage and other party's report.

The REAL story happened like this (and I will not be bias and slander in any way). I was in left lane (two lanes total) and traffic was stopped ahead of me. I checked my mirror and apparently she was in my blind spot. I changed lanes to the right lane and my front pass side of my vehicle hit her driver side of her vehicle. Yes, my vehicle hit hers

Based on your own story made an improper lane change.

...however, in this great country's court of law, there is always a loophole to get out of a ticket.

The fact that the officer was not a witness to the accident and it is her word vs. mine, is there a way out of the accident? I cannot afford the ticket, nor the points due to increased insurance premiums.

HELP!!!

So you hit another vehicle- and want to avoid the costs associated with it?
Just to say what many other users do, this is not a 'how-can-I-avoid-something-that-I-am-guilty-of' website.. this is for those who want legal advice in general.

Just for devil's advocate, what would your explanation be of how the other driver managed to hit your vehicle, but get damaged on the side of their car?

 

[frogmannumero39]

Just for devil's advocate, what would your explanation be of how the other driver managed to hit your vehicle, but get damaged on the side of their car?

The other driver was speeding, I saw her in my sideview, judged the distance between my vehicle and hers, and followed through with changing lanes. Given the distance between my vehicle and hers, I knew from my own experience that I had enough distance to SAFELY change lanes. By the time I did change lanes, her vehicle was right there, and the only way she could have closed the gap that fast in a 45 mph zone is if she had been seriously speeding.

There are no witnesses to say otherwise. Is this a valid argument? Or, is there another that can be given?

 

[Zigner]

The other driver was speeding, I saw her in my sideview, judged the distance between my vehicle and hers, and followed through with changing lanes. Given the distance between my vehicle and hers, I knew from my own experience that I had enough distance to SAFELY change lanes. By the time I did change lanes, her vehicle was right there, and the only way she could have closed the gap that fast in a 45 mph zone is if she had been seriously speeding.

There are no witnesses to say otherwise. Is this a valid argument? Or, is there another that can be given?

Or, in other words, you failed to judge the distance correctly, thus causing a collision due to your improper lane change.

No, it's not a valid argument. Furthermore, you started out saying she was in your blind spot (with the implication that you didn't SEE her) and now you've changed your story to say that you DID see her, but moved over anyway.

We're not here to help you find a believable story...

 

[frogmannumero39]

And for this post's entirety, FL statue 316.085(2) (for which I was cited) states:

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

 

[Zigner]

And for this post's entirety, FL statue 316.085(2) (for which I was cited) states:

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

Right - in other words...exactly opposite of what you did.

 

[OHRoadwarrior]

If you cannot figure this out, you are never going to make 38.

 

[!CuriousGeorge!]

HELP!!!

Its hardly a case of the officer v your testimony. The officer has NO testimony to offer; he is not a witness at all. I would object to him even being called onto the witness stand.

 

[frogmannumero39]

Or, in other words, you failed to judge the distance correctly, thus causing a collision due to your improper lane change.

No, it's not a valid argument. Furthermore, you started out saying she was in your blind spot (with the implication that you didn't SEE her) and now you've changed your story to say that you DID see her, but moved over anyway.

We're not here to help you find a believable story...

I said what I said as an explanation to the devil's advocate statement. If you had opened your eyes from the getco, then you would've seen that. Furthermore, the whole purpose of this was to see if there is a way to get out of this charge.

Overall, If you want to say such things as "not a valid argument" or anything of that sort, then just keep it to yourself. Accidents happen; and I just want to know if there is a way to resolve this without paying. I already know that if the officer does not show up then it is an automatic not-guilty. I'm a college student and don't have a job so if you can help I'd appreciate it. If you don't want to help, then don't post.

Thanks.

 

[frogmannumero39]

Its hardly a case of the officer v your testimony. The officer has NO testimony to offer; he is not a witness at all. I would object to him even being called onto the witness stand.

Thanks for your input. So what does this mean for the case? The officer suggested that I take it to trial and he will try not to be there (he was a really nice guy, I guess not all cops are bad!). He told me if he is not there then it will get thrown out. Otherwise, if he is there then the judge will ask him for his statement and he can only say that he was not in witness to the accident.

I know that we are innocent until proven guilty, so how can I be proven to be guilty in this situation. Yes, there was the damage to the vehicles; but I'm sure there is some way to get through this because there were no witnesses.

Thanks Curious

 

[Zigner]

There are no witnesses to say otherwise. Is this a valid argument?

Overall, If you want to say such things as "not a valid argument" or anything of that sort, then just keep it to yourself.

But I did want to point out that it's very strange that you would ASK if you have a valid argument, and then tell people you don't want to hear if it's not a valid argument.

 

[Zigner]

Thanks for your input. So what does this mean for the case? The officer suggested that I take it to trial and he will try not to be there (he was a really nice guy, I guess not all cops are bad!). He told me if he is not there then it will get thrown out. Otherwise, if he is there then the judge will ask him for his statement and he can only say that he was not in witness to the accident.

I know that we are innocent until proven guilty, so how can I be proven to be guilty in this situation. Yes, there was the damage to the vehicles; but I'm sure there is some way to get through this because there were no witnesses.

Thanks Curious

You're going to have to explain what happened...and as a law-abiding (generally) citizen, I'm sure you won't want to lie under oath, will you?

 

[OHRoadwarrior]

If you plead not guilty, they schedule a trial and call in the people you ran into.

 

[HighwayMan]

There WAS a witness. The driver of the vehicle that yours collided with.