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Wisconsin 346.13(3) Deviation from Designated Lane

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slave2010

Junior Member
This was in Milwaukee on highway 94.

1) My vehicle in the middle lane of a three lane highway, collided with a vehicle in the left lane. Collision was minor.
Deputy showed up, interviewed myself and the other driver. When asked, I did concede that I drifted onto the line separating our lanes. The other driver said she was unaware of my car until the collision.

2) I was then issued a citation for 346.13(3), Deviation from Designated Lane for 4 points and $178.80.

I guess it's splitting hairs, were you in that lane or not? My gripe more so is when researching this statute is that according to WI Rules of the Road, seems like these tickets are issued when a vehicle was observed going across another lane. I didn't say I did, the other driver didn't either.

My other issue is that for 346.13(3) the Penalty for violating sections 346.04 to 346.16:
(1) Except as provided in sub. (5), any person violating s. 346.04 (1) or (2), 346.06, 346.12 or 346.13 (1) or (3) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

So... why is my citation amount so high?
I wanted to go to court to try to get it reduced, or something more insurance friendly (if possible) but don't know what to say or expect.

Should I get a lawyer?

I'm also kinda mad because after all, honesty isn't necessary the best policy. Maybe it would've been different if I said I was in my lane the entire time.
 


HighwayMan

Super Secret Senior Member
(3) Notwithstanding sub. (2), when lanes have been marked or posted for traffic moving in a particular direction or at designated speeds, the operator of a vehicle shall drive in the lane designated.


I wouldn't consider driving on the line to be driving in the lane. At least not properly.
 

slave2010

Junior Member
The OP admitted to the offense by talking with the police officer (never a good outcome). Now the OP is confused?
Not confused.

Although I'm sorry, I don't have a speed dial on my phone to my lawyer, so if I'm in a car accident I can ask what b/s I can say or don't say to the officer.

I was trying to be fair, might be laughable to anyone in here and I guess I'm paying for it.

Just saying, you appear in court for a ticket going 12 over, and the judge gives you a going 1-10 over ticket because you showed up (and that can happen without a lawyer), right?

Logic might dictate something similar to any ticket you may get, or so I'd think. Which is why I'm asking people who know, hopefully, in here...
 

Zigner

Senior Member, Non-Attorney
Not confused.

Although I'm sorry, I don't have a speed dial on my phone to my lawyer, so if I'm in a car accident I can ask what b/s I can say or don't say to the officer.

I was trying to be fair, might be laughable to anyone in here and I guess I'm paying for it.

Just saying, you appear in court for a ticket going 12 over, and the judge gives you a going 1-10 over ticket because you showed up (and that can happen without a lawyer), right?

Logic might dictate something similar to any ticket you may get, or so I'd think. Which is why I'm asking people who know, hopefully, in here...
It might...of course, none of us are your judge or your prosecutor...so there is no way at all that we could tell you anything more.
 

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