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Unjust Ticket

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

I came to this intersection today to turn right

helene and beneva - Google Maps


Because of the big fences on both houses on both sides of the ( Helene ) street I had to roll onto the crosswalk to get a look at on coming traffic on Beneva. Looking right I see a small girl on her bicycle with her father going fairly fast her father lagging behind her. I was scared because of her small size she could not see above my car and given her age might roll her bike onto Beneva Rd and straight onto on coming traffic. I threw my car into reverse so she would stay on the sidewalk and go through the crosswalk and tapped the car behind me causing minor cosmetic damage to her car. She wanted a police report should there be hidden damage to her car. The officer wrote me a ticket for unlawful backing up. He explained her understood the circumstances but Florida Statues state you cannot cause an accident by avoiding another. The father and child on bike simply rolled by and did not even stop to see if anyone was hurt. I can take it to court but will of course incur court costs if I lose. I need to know do I stand a chance in court?. I feel this is so unfair and the oversize Fences are to blame. They make impossible to turn without rolling onto the crosswalk.
 


OHRoadwarrior

Senior Member
So you intentionally stopped in a crosswalk, then backed up illegally. You are guilty. It is not unfair to require you to maintain awareness and properly manage the space around your vehicle. If you believe the world should conform to your driving ability, you need to have your license taken away before you kill someone.
 
No You don't understand

I was FORCED to roll onto the crosswalk to make a turn because the wooden fences was blocking by view of on coming traffic. Then I see the TOT on her bike on a sidewalk going fast and her father lagging behind her. I rolled back to get out of her way I was scared she would try and bank right onto on coming traffic and get hit. Even the lady I hit told me I did the right thing. She had kids this girls age and said at that age they do not think logicaly and the father should not have taken her bike riding on such a busy blvd.
 

OHRoadwarrior

Senior Member
I was FORCED to roll onto the crosswalk to make a turn because the wooden fences was blocking by view of on coming traffic. Then I see the TOT on her bike on a sidewalk going fast and her father lagging behind her. I rolled back to get out of her way I was scared she would try and bank right onto on coming traffic and get hit. Even the lady I hit told me I did the right thing. She had kids this girls age and said at that age they do not think logicaly and the father should not have taken her bike riding on such a busy blvd.
You did not do the right thing. You struck another car. You failed to maintain control of your vehicle.
 
Gamble

SO I should have gambled with that tot's life that she would do the logical thing ? If I have to pay the ticket, I know the letter of the law always prevails in court but my concious is clear. Even the lady who I hit said I did the right thing, and may have saved that kid's life. She told me if she ever see's them around the neighborhood she is going to give that father a piece of her mind for taking off and not even seeing if anyone was hurt.
 

OHRoadwarrior

Senior Member
If you could not safely back up, you should have not moved your vehicle, or gone through the intersection, if it was necessary to protect the child. The bottom line was you failed to control your vehicle. If it was so dangerous, you could have hit your four ways, gotten out and directed the child and her father safely across the intersection.
 
Nice

It all happened too fast. I am not blaming the officer he has to obey the letter of the law but I was there and know what happened. The lady I hit was a witness and said she would have done the same. Anyway, thanks for your thoughts.
 

HighwayMan

Super Secret Senior Member
You are supposed to STOP at the required stopping point - marked xwalk or stop line for instance. Then, if you cannot see cross traffic well enough, you may slowly advance until you have enough of a view to proceed. Sounds like you just stopped in the wrong place. Maybe if you had stopped properly you wouldn't have had the issue you did.
 

HighwayMan

Super Secret Senior Member
Looked at the pic on Google maps that you posted.

I don't see a problem here. There is plenty of distance between the fence and roadway - more than enough to give you a view of advancing pedestrian/bicycle traffic in time - IF you had stopped and then slowly advanced.

And I still don't fully understand the problem with the girl on the bicycle. Were you afraid she would ride into your car? What does seeing over your car have to do with anything?
 
No

Both sides right and left have their views blocked by those fences if you stop at the line. I came up to the stop sign and could not look to the left to see if any on coming traffic so slowly rolled up a little part on the crosswalk to take a peep. I look right and I see this tot on her bike going fast with her father trying to catch up and I had a split second to decide what to do. If I freeze she could not have gone behind me so she Might have tried to go in front of me, she was about 6 and could not have seen over my car to see any on coming traffic and I was scared she would get hit so I rolled back into the car who was coming up behind her and we had minor cosmetic damage to her car. This driver saw what happened and was shocked the officer gave me ticket and agreed I did the right thing. She lives in that neighborhood and told me if she sees the father again she is going to give him a mouthful. He did not even stop to thank me or see if anyone was hurt.
 

HighwayMan

Super Secret Senior Member
Both sides right and left have their views blocked by those fences if you stop at the line. I came up to the stop sign and could not look to the left to see if any on coming traffic so slowly rolled up a little part on the crosswalk to take a peep.

As I said - you have to stop at the line. What's unclear about that?

THEN, if you cannot see cross traffic you may inch forward. You never said you did this.
 
Now It's Clear

This is my last word. I DID stop at the line. and the view right and left is blocked. Only way to check for on coming traffic is to slowly roll a little forward onto the crosswalk and peek. I did That is when I saw the tot barreling toward me with her father lagging behind and I was afraid because she was going so fast she would try and past in front of me straight into on coming traffic so with only seconds to decide I threw my car intro reverse and mildly tapped the other driver's car. This person was an eyewitness to the accident and she sided with me saying I did the correct thing and she would have done the same. The officer apologized and said he had to write me a ticket despite protests from myself and the lady I backed into. This lady lives in that neighborhood and said if she sees the man again she is going to give him a piece of her mind for what happened to me and not even stopping to thank me for avoiding what could have been a tragedy or seeing if anyone was hurt. I may add in 30 years of driving I have never had a moving violation where I was at fault. I know how to drive. In this case my lawyer told me the rule of law will always prevail in the courts. The Judges like that officer who cited me cannot take into account special circumstances.


Florida Statues

Florida Laws: FL Statutes - Title XXIII Motor Vehicles Section 316.001 Short title. - Florida Attorney Resources - Florida Laws



He told me you did the right thing. It was a gamble and better to pay an unjust ticket than to explain how a child ended up dead because the law said it was illegal to move your ass. Quote - Quote. Thank You for your comments on this case but I have decided to follow his advice and pay the fine and attend traffic school.
 

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