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Marked Laned Violation and Speeding.. Help!

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Dan72397

Junior Member
This all occurred in Massachusetts on Route 495 North.

This all occurred Sunday Night @ approx 9:00pm. It had been raining most of the day and it continued to drizzle as I drove home. I was traveling in the 3rd lane (passing lane) at 70mph when my car struck a puddle and began to hydroplane. It this point I panicked and went for my breaks, this threw my car out of control, and I ended up horizontal on the highway, spinning across 2 lanes of traffic and off into the woods. The situation was horrifying and I was holding on for my life, i sat inside my car waiting to be killed, but then it happen, my car came to a rest and i had only but a bruise on me. In a flash my life had gone from in jeopardy to saved. I quickly scampered out of my car and after 5-10minutes i flagged down fire rescue who were dispatched to the scene. Soon enough the state police had arrived, as well as the EMTs. I was checked out and signed the release forms that said I didn't need to go to the hospital. I was questioned by both the fire deputy on scene as well as the state police officer. The fire deputy took down my info, determine all was ok, and headed out. As i stood in the rain, in shock about the events that just occurred, the police officer began hounding me. He asked me how fast i was going, i responded 70mph which i know was the speed. Traffic had been traveling at an average of 65mph on the highway at the time, and the only reason I was at 70mph was because I had just passed an 18-wheeler to avoid the spray he was kicking up onto my car. The cop told me I was lying to him, he said "You were flying," i respectively told him i was traveling 70, and even explained to him that I had just passed the truck when this all happened. He still insisted that I was lying, telling me my car could not have traveled that far into the woods if i was only going 70mph. I know it could have, because once i lost control of my car, and i started heading toward the woods, I was no longer on the brakes, but merely bracing myself for what was destined to come. He wouldn't believe me even though he had no solid evidence to back his accusation. I just survived a near death experience, in which the slightest difference in my cars path could have determine my life, and he is standing there in the rain, telling me I am lying to him. Why would I lie, i just escaped death, was there nothing more important? He then asked me if i had anything to drink that night (I'm 20 yrs old and dont drink) which i told him no. Once my car was pulled out of the woods, he searched my car, everything in it, opening up all my compartments and all my bags (was that legal?).

He then cited me for the following:

"Speed Greater than reasonable $100"
"Marked Lanes $100"

I couldn't believe it. Marked LANES? I lost control of my car, on a highway in which has 2 sets of dotted white lines, and a solid white line marking the breakdown lane. I mean, i was NOT in control of my car when my car went horizontally across 2 lanes of traffic. I am strongly looking to fight these 2 civil violations, and would love to hear what anyone had to say regarding either charge. Today I am lucky to be alive, is that not enough for an officer, to see someone walk away from that? I understand he is trying to scare me into not doing that again, but it was out of my control, and to what evidence does he have to bring these violations? Thank You ahead of time, if you would like to help me, you can post a reply or email me directly at [email protected]. Thanks

-Dan
 
Last edited:


Zigner

Senior Member, Non-Attorney
You were traveling too fast. You were in the middle of a rain storm and you decided to SPEED UP to pass a big rig? :rolleyes: What genius taught you THAT maneuver? You should have let up off the gas and given yourself a bit of distance between you and the truck.

You are required to travel at a speed which will allow you to maintain control of your vehicle. You did not do that. If you intend to fight the lane charge, you will have to admit that you were traveling in a way which didn't allow you to maintain control of your vehicle.
 

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