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  #1  
Old 01-01-2009, 10:10 PM
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Marked Lane violation due to heavy snow in Mass


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

The scenario is as following:
Driving early morning during heavy snow storm in Massachusetts. Car slids out of control due to the ice and snow and car nails the center divider railing but no injuries and no collision with other vehicles. Police shows up and calls tows and gives me a $100 "marked lanes" violation. BTW, the lanes are NOT visible at all due to the snow storm.

Should I fight this or just pay the fine?

Clarification amendment:

I'm not trying to argue that I couldn't see the lanes due to the snow and hence I shouldn't get a "marked lanes" violation. What I am saying is that since I did get into an accident (weather related), AND I collided with the center railing, OF COURSE it's going to be a "marked lanes" violation. I see people stranded on the side of the road, on the wrong side of the road, even facing the wrong direction all the time because of the snow/weather...wouldn't those scenarios all be a "marked lanes" violation? In my case, what's the point of calling the police anyways? All he did was call the tow company (which I could have done) and give me a moving violation ticket? BTW, I thought the police has to "observe" a moving violation in progress. He didn't see me make that violation. Maybe I just needed to park on the shoulder because of an emergency....

Last edited by ddsohn; 01-04-2009 at 08:47 PM. Reason: Clarification
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  #2  
Old 01-01-2009, 11:02 PM
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Fight it. Demand better snow clearing from your city.
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  #3  
Old 01-01-2009, 11:11 PM
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Are you saying that you think you should have been ticketed for something else?

Or are you saying that you think it is perfectly acceptable to lose control of your car and crash into the center divider?
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  #4  
Old 01-02-2009, 08:24 AM
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Quote:
Originally Posted by thedoctorisin View Post
Are you saying that you think you should have been ticketed for something else?

Or are you saying that you think it is perfectly acceptable to lose control of your car and crash into the center divider?
Don't be silly. Everyone knows that if you can't see the lane markers, you don't have to stay inside them. They're more like guidelines than rules, anyway.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #5  
Old 01-02-2009, 09:06 AM
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Definately try to fight the ticket. If your really lucky, the cop who gave you the ticket wont show up to court, then it's over and you wont have to pay it. I am originally from MA and this happens lots of times!
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  #6  
Old 01-03-2009, 06:04 AM
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Quote:
Originally Posted by Momtoo View Post
Definately try to fight the ticket. If your really lucky, the cop who gave you the ticket wont show up to court, then it's over and you wont have to pay it. I am originally from MA and this happens lots of times!
Firstly, just on principle alone, I'm going to recommend not following legal advice from somebody that does not have a clear understanding of the same English language in which laws are written.

Secondly, I will disagree with the specific advice regarding hoping the officer doesn't show up. It is true that if the officer doesn't show, then the state has no witness to testify against you and that should allow you to get the charges dismissed, but I will specifically disagree with "this happens lots of times!" Officers get paid overtime to attend their court cases, so it is in their interest to show. If you want to hope the officer doesn't show, fine, but go in with a backup plan.
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  #7  
Old 01-04-2009, 12:29 AM
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The Divider


I'm not an expert so I could be wrong but it would seem that hitting the divider is a clear indication that you were outside the marked lane - whether the lane on the groun was visible or not.
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  #8  
Old 01-04-2009, 01:16 AM
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Asked Police Officer once; "why they give these kind of tickets?". Think its a little unreasonable in ice and snow to give them. Answer was so the state knew who to send the bill if someone damages a guard rail, etcetera.
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