Moving Violation 1163A Plea guilty or not guilty?

[AlexKarbs]

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

Hello everyone,

So I was recently cited with a 1163A moving violation for "improper turn" by an officer. Just for the record, this is my first ticket since I've received my driver license 4 years ago. I am currently trying to figure out if whether i should just eat the 2 points and pay the fee or plea not guilty and try to fight the moving violation.

Okay so here is what happened... Prior to receiving my moving violation, the officer was handing out another citation to a driver. Officer blatantly obstructed two lanes by pulling over said driver and parked his vehicle parallel(instead of pulling behind) when giving his citation. As a result of the obstruction, the left shoulder lane was forced to be used as a straight lane and left turn lane(as you can imagine how quickly traffic builds up when 3 lanes covert to a one laner) Many of the drivers had to squeeze between the left lane and middle lane(where the office parked his car) to keep traffic moving. I did the same as well, however i tried to get back into the left shoulder lane, but no driver was allowing me to move onto the left shoulder. Signaling left well in advance and while "the green left lane traffic light" was on, i assumed it was safe for me to pull a left. When i did pull left the officer had just finished his citation and chased me down to give me a 1163A citation.

Do you guys think i can fight this ticket or eat the points, pay the fine and have my insurance rate jacked up?

 

[FlyingRon]

I'm missing what defense you're trying to make here. You'd already passed the obstructing police vehicle and because you couldn't get into the turn lane you turned out of a center lane? Sorry, people not letting you into the turn lane doesn't mean you can turn out of the wrong lane.

Where are you summonsed to appear? A real court or TVB. If it's the TVB you're pretty much screwed. You don't have much more of a case in a real court.

 

[HighwayMan]

What is a "left shoulder lane"??

You are not legally permitted to drive on a shoulder of a roadway.

If you just meant "left lane" (why would you refer to it as a "shoulder lane"?? ) then you should not have turned. The "no one would let me in" excuse is an old and tired one which will get you nowhere.

Based upon the OP's description I'm going with the offense having occurred in NYC.

 

[AlexKarbs]

Yes, it was in nyc...

However, i just felt that it wasn't very fair for the officer to blatantly obstruct two lanes to hand out a citations. I saw multiple drivers made left turns from the middle lane... I was happened to be caught at a wrong time bc the officer just finished handing out his last citation.

 

[HighwayMan]

The lane you needed to turn from was not obstructed. You should have proceeded straight and gone around the block.

Apparently, from your description, the officer blocked the additional lane (either whole or in part) for safety reasons. It's not unfair, that's just the way it is.

Feel free to go to court on this but it sounds like you have no chance, because I'm guessing that the officer does regular enforcement at that location.

I'm just letting you know that going to court and saying:

1) no one would let me into the left lane

and/or

2) the officer was blocking two lanes

will be a waste of your time.

 

[HighwayMan]

Did the officer have the motorist pulled over on the right or left side of the roadway?

 

[AlexKarbs]

Did the officer have the motorist pulled over on the right or left side of the roadway?

He had the motorist pulled over on the right side. Officer blocked the middle lane.

-> Thank you all. So it sounds like I will just pay the expense and more careful next time.

 

[HighwayMan]

It sounds as if this is a three lane road.

I don't understand how you can say you could not get into the left lane if you HAD TO get into the left lane to get around the officer's car.