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Violation of right lane must turn right

Longwood, FL |

I was driving through a four lane residential area near a school. The right lane became a turn only lane and the left lane was backed up with traffic. I slowed and waited until I could get into the left lane. The officer monitoring traffic wrote me a ticket for "violation of right lane must turn right." I had not yet entered the intersection. I did cross a solid right line, but when I looked into it, the driver handbook indicates a solid white line indicates that one should not cross it, but is not prohibited from crossing it. 1) Money is tight 2) I haven't had a ticket sine 97 and will be adding another teen driver next year. I don't need any insurance increase. Any chnace of getting this ticket dismissed?

Attorney Answers 5

Posted

Whether or not the ticket will get dismissed on the facts will depend on the officer's testimony and the judge or magistrate's view of the facts. Tickets can also get dismissed voluntarily by officers in certain cases (sometimes for legal issues and sometimes just to be nice when the facts warrant it) or by the judge for some other technicality. If you decide to testify, the facts as you describe them do not seem egregious so I would guess that if found guilty, the judge may still "withhold adjudication" which means you will not have points added to your record, nor will your insurance increase. If your record isn't bad (and nothing since 1997 is pretty darn good), then I would think a withhold is a likely result whether you testify or not. You can always ask the judge to "withhold the points" even if you opt not to put on your case via testimony.

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Posted

I was also give a ticket for Improper use of Turn Lane. I am a limo driver and realized that the turn I need to make was 1 more street ahead. The officer stated I was using the lane to pass other vehicles backed up to save time. I told her that since I was being paid by the hour it was not in my best interest to try to beat traffic. I was just in the wrong right turn lane. I still can not find any fla statute for Improper Use of Turn Lane plus costing $153...any thoughts

Posted

I think the worst you would get is a withhold of adjudication, which mean no judgement of "guilt" and no judgment of . . "not guilty". A withold does not add points to your driving history. Don't pay the ticket outright or you will get the points, so hire an attorney or go yourself. You have a better chance of getting the ticket dimissed with an attorney.

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Posted

As the previous attorneys who answered your question stated, the facts and evidence presented at trial will determined whether or not the ticket is dismissed by the court. You should be aware, however, regardless of guilt or innocence, it may not be in your best interests to resolve your ticket short of a trial. You really have 3 options available to dispose of this ticket short of a trial. First, you could simply pay the ticket. This means you would be adjudicated guilty of the offense and points would be assessed (doesn't sound like an option you are interested in). Second, you could request a court date and you could enter a plea of guilty (you admit your guilt) or a plea of no contest (entering a plea because you believe it to be in your best interests) at your court appearance. The Judge could then make a determination of the sentence and would consider your driving history. In light of the driving record you described, the Court would likely be willing to withhold adjudication and order you to pay a fine. A withhold of adjudication would avoid the imposition of points against your license, but there is not guarantee the court would do this. Finally, you could pay the citation and elect to take a driving improvement school. Once you complete the school and show proof to the clerk of courts, adjudication would be withheld and points would not be assessed.

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Posted

I just want to add that it depends, as so many cases do, upon the particular likes and dislikes of the judge, more than anything else

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Posted

You have a chance of getting the ticket dismissed as long as you fight it. Paying it or opting to go to traffic school will afford you a zero chance of getting it dismissed. Contact an attorney in your area within the 30 days after you received the ticket for best results.

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