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Unsafe Lane Change

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Fakename1314

Junior Member
What is the name of your state? NY

I was in an accident on 12/14/07. Its was snowing out and the roads were pretty icy / caked snow. It was one lane in each direction and I was passing a vehicle on the left (dotted yellow line). I was traveling at about 40mph on a posted 55mph road. Upon reentry into the lane, the car continued to slide to the right. I attempted to regain control of the car and turned back to the left. Having over judged the cut back, the car went into a full slide on an angle across both lanes. I struck an oncoming car - thankfully we were all alright. All of us were taken to the hospital to be checked out and the officer handed me the ticket there.

My pre-trial date was 1/22/08, but I called the judge and he postponed the hearing. He sent me the request for reduction in charges paperwork which I have yet to mail out. My questions are as follow:

1. Is this law even applicable to the this incident? I had reentered the lane after having passed the vehicle, but continued to slide? Does this count as having passing safely, but traveling at an unsafe speed for the given road conditions?

2. I am going to hand in this paperwork because it is the reason my case was postponed. If the DA decides that speeding was the real infraction at the time of the accident, can my unsafe lane change be thrown out and some kind of traveling at an unsafe speed for the given road conditions infraction be put in its place?

I am completely unfamiliar with how this will work or play out, but Im trying to do as much research as I can.

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
 


seniorjudge

Senior Member
1. Is this law even applicable to the this incident? I had reentered the lane after having passed the vehicle, but continued to slide? Does this count as having passing safely, but traveling at an unsafe speed for the given road conditions?

A: If you had made a safe lane change, you would not have had a wreck.



2. I am going to hand in this paperwork because it is the reason my case was postponed. If the DA decides that speeding was the real infraction at the time of the accident, can my unsafe lane change be thrown out and some kind of traveling at an unsafe speed for the given road conditions infraction be put in its place?

A: Telling the DA or judge that you couldn't drive in that kind of weather is a really bad idea since it aggravates the offense, not mitigates it.
 

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