Skip to main content

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

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.

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.

+ Read More

Attorney answers 7

Posted

Probably. Hire a traffic attorney.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

Posted

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 relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Asker

Posted

One more question: How will this effect my auto insurance rates in the future? Right now, I am on my parent's plan, and I have never been in an accident before.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Your only apparent damage was to your vehicle, correct? Depending on how serious that is (if it flipped over, I'd suspect this is pretty extensive), you may decide to repair it out of pocket, which would not affect your insurance at all. If it is serious enough to have the carrier pay for it, it is possible it could affect rates.

Asker

Posted

What would happen if I were to take the other route? If I paid the ticket, that is. How would that affect me? I mean honestly, I just want this terrible incident out of the way fast so that I can move on with my life.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Could affect rates, insurability, license status, and, if there was ever Amy civil suit, would be an admission of liability. Call a traffic lawyer for a free consult.

Posted

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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Posted

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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Posted

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 as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

Posted

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 relationship. Therefore, if you have additional questions, I highly recommend you contact an attorney in your state with knowledge of the applicable state laws. I am licensed to practice in Missouri and Illinois and my firm represents personal injury victims.

Asker

Posted

One more question: How will this effect my auto insurance rates in the future? Right now, I am on my parent's plan, and I have never been in an accident before.

Shaun Michael Lieser

Shaun Michael Lieser

Posted

If you reported the accident and/or made a claim, it is likely the insurance company will document it in your file. Further, since you caused the accident, it will likely be held against you for purposes of your insurance rate if you did make a claim with your carrier. The only thing you can do is wait and see if your rates increase. At that time, assuming they do, I would contact other carriers to get competitive quotes. If you need assistance going about that feel free to e-mail me at shaun@lieserlawfirm.com. So you know, hiring a traffic attorney to avoid the improper lane usage conviction will be beneficial to keeping your insurance rates down. A guilty plea or conviction could result in increased premiums as well.

Asker

Posted

What would happen if I were to take the other route? If I paid the ticket, that is. How would that affect me? I mean honestly, I just want this terrible incident out of the way fast so that I can move on with my life. I am at a point in my life where I'm trying to focus on my career goals and aspirations, and I want this out of the way. Fast.

Shaun Michael Lieser

Shaun Michael Lieser

Posted

I highly recommend you consult with a local traffic attorney. I do not know your driving history or what is already on your record. However, if you pay the fine, points will be assessed to your driving record. I can say how it would exactly affect you, and it is entirely up to you as to how you proceed.

Shaun Michael Lieser

Shaun Michael Lieser

Posted

I meant to say, "I cannot say how it would exactly affect you, and it is entirely up to you as to how you proceed."

Asker

Posted

Well, I have nothing on my record prior to this accident.

Posted

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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer