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Unsafe lane change (no signal) Not true!

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Scarletrose44

Junior Member
Sorry about that. I'd written all the details but they were somehow deleted..
Posting again:

I was on my way to pick up my son when I was pulled over by a Sheriff.

He stated that I had failed to signal while changing lanes causing him to break suddenly. His words were "You didn't signal and I had to break suddenly so I didn't hit you". I answered in a quiet voice right after 'you didn't singnal'.. "Yes, I did", he spoke over me and became noticeably annoyed so I chose not to continue stating my innocence, and instead said "sorry" to avoid a confrontation.

He asked for my license and insurance which I handed to him. He told me he would return and went back to his vehicle.
Approx 6 minutes later he returned with the ticket and explained that he named the violation "changed lanes when unsafe". He asked some information about my address and my phone number, and explained particulars of the ticket; eg court attendance and point reduction. Then told me I was free to go.

My recollection of the events that lead up to the ticket are as follows:

I left my location I n Centennial at 2.33pm so that I could drive 15 mins to pick up my son from a close by location where he was due to finish at 3pm. I deliberately allowed enough time for the drive so I could be a little early.

I turned right onto Dry Creek road from S Clinton St. Continuing in the right most lane, travelling approximately 30 miles per hour I observed traffic changing into the left lanes up ahead so I slowed to approximately 20 miles per hour, signalled, checked my rear view mirror (closest car was at least 6 car lengths behind), checked my blind spot, and changed to the middle lane. Approximately 3 seconds later I noticed that the middle lane was backing up so I slowed, signalled, checked my rear view and blind spot, and with the closest car (the Sherrifs car) at least 3 car lengths behind, I changed lanes to the left most and less backed up lane.
With the traffic merging to the left lanes ahead of me due to the construction up ahead the line of cars came to a quicker than normal halt when the traffic light changed to red so I too breaked a little faster than normal to avoid going too close to the car in front. The sight of the Sherrif's car stopping so close behind me caused me surprise, I thought at the time he must have been looking elsewhere and not seen me but I didn't think it was a problem until he put on his lights to pull me over when the traffic started moving again approximately 20 seconds later.
I continued through the intersection (which had the red light mentioned earlier), signalled, checked my rear view and blind spots (the nearest cars were 2 lengths and the last lane was completely clear due to the the merging traffic) and pulled over into the lane which had been blocked by the construction only 15 meters ahead.

I'm frustrated that he wrongfully accused and ticketed me and I would like to know whether you think I should challenge him in court or whether I should just pay the fine and have it downgraded to 1 point 'light out'.

I always signal (even when alone in a parking garage) - it's a habit I cannot turn off.
Further, I specifically remember looking and signalling since I had to change two lanes to get out of the closed lane.

If you think that I will have a chance against him in court, do you think I should get representation?
 

Zigner

Senior Member, Non-Attorney
You moved over in front of him and caused him to break in order to avoid a collision with you. You changed lanes unsafely.

ETA: You didn't see him, but he was there.
 

Scarletrose44

Junior Member
With all due respect, as I said in my original post, I did see him, he was three car lengths behind. It is more likely he was distracted and didn't notice me change lanes, or reduce the space ahead of him.
The traffic was going slow, it was in a commercial/built up area with a traffic light ahead, and the traffic was merging left to avoid the closed lane ahead.
The red light caused the traffic ahead to stop suddenly.. So we all breaked suddenly.
If indeed he didn't see me signal he would have at least seen me pull in ahead of him which would have given him plenty of time to break safely if he was paying attention to the traffic conditions.
My car was fully in the lane (not partially).
 

Scarletrose44

Junior Member
Do you think I will be able to get his dash cam recording by process of Discovery if he had one? I know that will show that I not only signalled but gave him plenty of time, in respect to the conditions, to break safely.
 

LdiJ

Senior Member
When you turned right on to Dry Creek Road why did you not immediately get into the left hand lane since you knew you were going to need to be turning left?
 

Scarletrose44

Junior Member
That is what I did.
I turned into the right most lane, noticed the traffic ahead of me merging to the left, looked up ahead to see why, and then looked to see if there were any cars coming so I could merge.
 

Zigner

Senior Member, Non-Attorney
Do you think I will be able to get his dash cam recording by process of Discovery if he had one? I know that will show that I not only signalled but gave him plenty of time, in respect to the conditions, to break safely.

First of all, dash cams don't record 100% of the time - generally, they record once the lights and/or siren are on. Second, you say that you "... gave him plenty of time, in respect to the conditions, to break safely." That statement alone is enough to show your guilt. If you had moved over safely, he shouldn't have had to brake at all.
 

Zigner

Senior Member, Non-Attorney
With all due respect, as I said in my original post, I did see him, he was three car lengths behind. It is more likely he was distracted and didn't notice me change lanes, or reduce the space ahead of him.

It is actually more likely that you were traveling 10-20 mph slower than he was when you moved over in front of him. You left him less than 2 seconds (and probably about 1 second) to hit (slam on) the brakes in order to avoid a collision.
 

Scarletrose44

Junior Member
As I said before, the cars in front suddenly stopped due to the orange light AFTER I made the lane change. I had no way of knowing they would do that. It would have happened if I was there or not. If he was watching he would have noticed me and breaked sooner as I was travelling the same speed as the rest of the traffic when I changed lanes.
Having a hazard up ahead - shouldn't he have been open to people moving over or should they all have to wait until there is a safe 3 second space which would in no way cause anyone to put on the breaks? I would assume everyone should be in higher alert around changed road conditions and reduce speed to accommodate for drivers needing to move away from it.
 

Zigner

Senior Member, Non-Attorney
As I said before, the cars in front suddenly stopped due to the orange light AFTER I made the lane change. I had no way of knowing they would do that. It would have happened if I was there or not. If he was watching he would have noticed me and breaked sooner as I was travelling the same speed as the rest of the traffic when I changed lanes.
Having a hazard up ahead - shouldn't he have been open to people moving over or should they all have to wait until there is a safe 3 second space which would in no way cause anyone to put on the breaks? I would assume everyone should be in higher alert around changed road conditions and reduce speed to accommodate for drivers needing to move away from it.

I'm going to say it one more time. You admit that moved in front of him and caused him to have to hit the brakes to avoid a collision. So far, you haven't presented anything here which shows anything different.

Best of luck to you.
 

HighwayMan

Super Secret Senior Member
The lack of a signal in and of itself does not make the lane change unsafe - it's usually just the icing on the cake.

While what constitutes an unsafe lane change is somewhat subjective, the officer felt that you did not, in fact, change lanes safely.

It will come down to you both describing what happened from your own perspectives and letting a judge decide.
 
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