Atlanta, GA:
My wife was in an accident on Saturday - she was entering a housing complex; there was one straight lane and a right turn lane (to go into another complex). She was in the straight lane, put on her left turn signal, and was doing a U-turn at a break in the median near the front entrance. A car behind her passed her on her left in the median and struck her front driver's side.
The cop said it was her fault - there were no witnesses to prove she had her signal on, although my wife told him there was a witness that the other driver shooed off. The cop charged her with:
40-6-121.
No vehicle shall be turned so as to proceed in the opposite direction:
(3) Where such turn cannot be made in safety and without interfering with other traffic;
I've looked at Nolo.com and some other sites; I'm not sure how the officer can find her at fault, unless he thinks she was in the right turn lane and was trying to make a u-turn from there. Otherwise, it seems to me that the other driver was following too closely and/or trying to pass illegally (not enough room at median break).
Any advice? Her court date's in a month. I'm trying to request discovery to get the cop's notes.
Thanks -
-m-
My wife was in an accident on Saturday - she was entering a housing complex; there was one straight lane and a right turn lane (to go into another complex). She was in the straight lane, put on her left turn signal, and was doing a U-turn at a break in the median near the front entrance. A car behind her passed her on her left in the median and struck her front driver's side.
The cop said it was her fault - there were no witnesses to prove she had her signal on, although my wife told him there was a witness that the other driver shooed off. The cop charged her with:
40-6-121.
No vehicle shall be turned so as to proceed in the opposite direction:
(3) Where such turn cannot be made in safety and without interfering with other traffic;
I've looked at Nolo.com and some other sites; I'm not sure how the officer can find her at fault, unless he thinks she was in the right turn lane and was trying to make a u-turn from there. Otherwise, it seems to me that the other driver was following too closely and/or trying to pass illegally (not enough room at median break).
Any advice? Her court date's in a month. I'm trying to request discovery to get the cop's notes.
Thanks -
-m-
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