Was driving on a 2-lane ONE direction Street in the right lane. Residential street, so speed limit was only 35mph. Suddenly, right lane came to complete stop. I look ahead & notice that in front of the car in front of me there is a white utility van. Because there was a car in front of me I could only see the Vans right back light. I saw this light flashing& figured the van was making a right-hand turn. So I switched Lanes to go around, along w/several others. B4 I switched Lanes, I checked both of my mirrors & my blind. I got over almost completely into the left then noticed the car in front of me (behind the van) maneuver to switch lanes directly in front/ on me. I immediately braked. This driver and I basically had 1 of those "who's gonna merge 1st so we don't hit eachother" exchanges. Several moments into this exchange, a horn sounds 4 atleast 3 Mississippi seconds. I have time to look in my mirror, notice the car, and put my foot on the gas to accelerate b4 the car makes impact. Note the time between my Lane change, the horn, and the impact. She told the cop I switched Lanes DIRECTLY in front of her, he wrote ME an improper Lane change citation. No wits/cameras. What do I do?
If you want to fight the citation issued, you should not attempt to do so by yourself, as you do not have the legal experience or acumen to do so successfully. Even though I am an attorney, I would not try to fight a traffic citation myself since that is a specialized field that requires more knowledge of the traffic laws and traffic courts than I myself possess.
Contact an experienced defense attorney who specializes in traffic citation defense. He or she may not be able to get the charges completely dismissed but may at the very least mitigate any penalties against you and may be able to keep any points off your license.
You can use the “Find a lawyer” link at the top of the screen for the names of attorneys in your area.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
If you want to contest this charge, then you should click the link above to find a lawyer. You and your lawyer can discuss everything in detail, disuss any witnesses listed on the police report, and review any photos or video. Sometimes there are video cameras from a business like a bank or grocery store that can help, but you must act quickly as many of these "overwrite" the data on the hard drive fairly quickly. Your lawyer will know how best to present your case and will likely advise you to demand a jury trial. Just keep in mind that fighting the ticket will cost you more time, and also money in attorney's fees. If your main concern is getting a non-reportable ticket, then your lawyer can negotiate that for a much lower fee. However, also remember that, if the other driver made a claim against your insurance, your rates my go up or your policy could even be cancelled. Your lawyer will also want a letter from your insurer with regard to the status of any claim(s). Best wishes.
The information is provided for general purposes only and should not be relied upon. You are advised to consult with an attorney of your choosing, who can advise you on the particular facts and options in your case. No attorney-client relationship is intended or formed absent you executing a signed fee agreement.
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