Will I be able to overturn a citation for improper lane usage on a highway when it was really just a car accident?

Asked 10 months ago - Danville, IL

It was nighttime, and I was driving on the interstate in the passing lane. Seat-belt was on, driving at designated speed limit, I alone was in the vehicle, and no one was close to me. Saw a dark shady object for a split-second on the side of the road; I could not identify it at all. Instinct told me not to hit it so I swerved right to miss it, started swerving uncontrollably, and ended up in the ditch on the right side of the road; the car ended up flipped on its right side (passenger side). I did not hit anyone or anything or any other vehicle or any farmer fences/government fences. It was all an accident. No one else was involved. Just myself.

Additional information

Even after all that, and after being helped out of the vehicle to calm down from my state of sheer panic, the authorities still issued me a citation for improper lane usage. My court date is set for next week, so I would appreciate an answer ASAP.

Attorney answers (7)

  1. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Probably. Hire a traffic attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  2. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You don't overturn a citation.

    You haven't plead guilty or been convicted yet, so relax and retain a traffic attorney before doing anything else.

    You probably also should report this to your auto insurer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  3. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . Good that nobody was injured.

    Contact a traffic attorney for assistance.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more
  4. Shaun Michael Lieser

    Pro

    Contributor Level 8

    9

    Lawyers agree

    Answered . With the facts provided, it is likely you could be found not guilty of an improper lane change. I would retain a traffic attorney to defend the citation on your behalf. The fact it was a one car accident without injury or property damage will likely assist your efforts (or your defense attorney's efforts). Good luck!

    These comments are merely opinions, not legal advice, and this communication does not create an attorney-client... more
  5. Stephen Ross Cohen

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with both counsel.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  6. Stephen Ross Cohen

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree with both counsel.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Spend a couple hundred bucks for a local traffic court lawyer to fight it

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,846 answers this week

2,945 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,846 answers this week

2,945 attorneys answering