foreverandaminute

I think I should be able to contest this ticket I got today...

This is exactly what I plan on telling the judge:

I was in the the right lane of a 2-lane road, with 5 cars to my left. I saw that the road ahead of me will be merging into one lane very soon. None of the vehicles to my left had enough space inbetween each other for me to safely merge into. I only had two options: I accelerate past the group of cars, or slam my brakes to let the entire group pass. It was then when I looked into my rearview mirror when I saw a vehicle that was following me at an uncomfortable distance. If I were to slam my brakes, I would have risked getting hit by this inconsiderable driver, which is why I made the split-second decision to accelerate past the group of cars to my left. After I made my pass, I immediately released the gas pedal to let my car coast back to the speed limit, during which I was pulled over for speeding.

scionofPCFL

I've contested a parking ticket, and won.

I also once contested a speeding ticket Houston and won, but only because the cop never showed

The judge will most likely say something to the tune of a) you weren't paying enough attention if you let the merge sneak up on you like that and b) in the future err on the side of braking.

foreverandaminute

nice

Would the judge be likely to say that if i changed the words to explicitly state that the guy was tailgating less than half a car length behind me?

Black_Sheep_xB

My buddy got a traffic lawyer once, he asked the cop for the
radar gun certification, to show it was certified on that date
to be accurate. He didnt have it, my buddy walked. 120mph
in a 35, in a state park!

jct

PRODIGY3000

You can usually beat most tickets by calling a cheap traffic firm. I've had about 6 or 7 tickets tossed out in a row in Fla. thanks to the Ticket Clinic.

If you decide to ditch the lawyer and rep yourself in court make sure you either know what you're doing b/c you've done it before, or that the officer is a no-show.

djct_watt

I've beaten multiple tickets. . .

But from your story, you are still legally in the wrong. If you are to defeat the ticket, it has to be on other terms.

The court can and probably will argue that your inability to slow down to let traffic pass, was due to the fact that you were already travelling too fast for the traffic conditions, regardless of the speed limit. You are not legally allowed to speed, ever.

In the eyes of the law, you're only legal recourse to avoid an accident is to brake (yeah. . . it's dumb, I know). . . kinda like in CA where were basically not allowed to shoot robbers unless they are threatening to kill us.

Like everyone else has said, get a lawyer if you really want to win.

foreverandaminute

My friend said he heard of something about bringing up something about "up-to-date traffic survey" and up-to-date license on the radar scanner... does anyone know about these things?

djct_watt

I suggest you research for yourself to get the most accurate info. Radar's have to be calibrated. And in CA, authorities do not have the right to arbitrarily set speed limits. They must survey the road to determine the avg speeds, and set the speed limit within a certain percentage. Furthermore, this must be done periodically, within a specified time. Do the research and get the right numbers and the laws applicable to your situation.

scionofPCFL

Yup. In the eyes of the law, had you been maintaining proper speed and paying due dillegence while practicing defenesive driving techniques, then you'd have coereced the guy tailgating you to go around you by slowing down.

foreverandaminute

looks like my route...

btw, the make on the ticket says "TOYT"

i don't suppose the officer is required to write down the whole name down, eh?

foreverandaminute

i got another ticket today, but this time, it was a parking ticket, and THIS TIME, the ticket says CELICA... yay?

so what exactly do i say on the written response to this one?

jct

tC= toyota Celica