First ticket in 23 years. Fight it?

Turbo-Torch

Donating Member
Registered
Heading home from work today on a state road in the company E350. I get to a red light with four cars in front of me. Light turns green and the car at the front is turning left and waiting for oncoming traffic to clear. Behind that car is a truck, a cop car and a car in front of me prepared to turn left.

No one is moving so I move to the right lane and slowly pass the cars. As I get to the intersection the car is nearly though and I continue to go around and merge in. The truck did not turn and was multiple car lengths behind me as I merged in at ~25 mph in a 45.

About a ½ mile down I get pulled over. The officer tells me that I went around in a right hand turn lane only. Untrue as there are no arrows or signs and I point that out to him.
He comes back with a ticket and I question him about that right hand only lane again. Now his story changes that I technically can use it but only if cars are making a left turn and there were NO cars making a left turn. A little while later he mentions the car clearing the intersection but it makes no difference as he and the truck were not signaling a left turn (I actually used a voice record feature on my phone).

So even though he and the truck were not moving as I went around it made no difference? ???

Ok so maybe I was in the wrong.
I get home and look up the infraction on the ticket.

IC 9-21-8-6
Overtaking and passing on the right; conditions
Sec. 6. (a) A person who drives a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn.
(2) Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lanes of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(b) A person who drives a vehicle may overtake and pass another vehicle upon the right only under conditions that permit overtaking upon the right in safety. Overtaking upon the right may not be made by driving off the roadway.


(1) There was a vehicle turning left...two actually.
(2) The lane continues on well AFTER the intersection and the white line eventually merges you back into one lane. Of course I was traveling in the same direction.
(b) It was daylight, no rain, no snow and roads dry. Never left the roadway (a semi can safely merge around). I was not cited for speeding, or failure to signal.

So am I wrong is assuming (2) voids his claim that all vehicles MUST be making a left turn?

Or is it a law that you must wait behind fools who choose not to take advantage of a passing lane?

There's also some minor incorrect information on the ticket and I didn't have to sign anything which may be an old law.

I decided to print out a Google image and love what showed up. A semi showing how much room there is to go around and continue on in a lane that goes past the intersection. :poke:

road.jpg


I'm 42 and haven't had so much as a parking ticket since I was 19. Not sure if I should just say screw it and pay it or go to court and fight it.
 
Was it a solid white line where you crossed from the left lane into the right lane?
 
Very doubtful you will get it completely thrown out. What I do is give the ticket and $75-$100 to a lawyer who gets the court to reduce it to a non moving violation (think, parking ticket). Still have to pay the "court cost" (all they want is the $$ anyway), but it doesn't go on your insurance/driving record as a moving violation.
 
I believe I was far enough back where the line did not exist yet. I'll have to drive by there tomorrow and take a better look. From the skyview it's not far back.
 
It seems if you fight it and lose you pay the max / near max fine...the no contest / wave it is cheaper and you don't have to waste your time. Is it a busy city where the officer may not show up?
 
Given everything in your post I would go to court and I would ask for a jury trial sir.
 
Is that 2 lanes merging into 1? It looks to me that that is what it is doing and that the extra lane to the right is to go around cars that are turning left. If that is the case I would fight it. It's not the cost of the ticket that gets you. Not sure about your state laws but here it might take as much as 5 years to get something off your record and you insurance is going up all the time. Its all a money racket anyway and most tickets that are giving are just for that reason. Most people don't even go to court to fight things like this. Go back and take your own pics + the one you show here in a blown up view so you can see how much room you have. Best of luck and keep us posted on the out come
 
Given everything in your post I would go to court and I would ask for a jury trial sir.

I didn't know I could even do that over a traffic ticket.

I see in Indiana I can supposedly pay the ticket and take a 4 hour online course for $55 which removes 4 points.
It can be done once every 3 years.

I don't care about the cost. The company I have worked at for over 19 years has an insurance company that will drop you for more than 4 points on your license. Of course just about every infraction in Indiana is a 4 pointer. That solid white line may be what does me in.
 
not sure if you mentioned it but does your company vehicle require a cdl? would a ticket affect your use of a company vehicle?
 
I didn't know I could even do that over a traffic ticket.

I see in Indiana I can supposedly pay the ticket and take a 4 hour online course for $55 which removes 4 points.
It can be done once every 3 years.

I don't care about the cost. The company I have worked at for over 19 years has an insurance company that will drop you for more than 4 points on your license. Of course just about every infraction in Indiana is a 4 pointer. That solid white line may be what does me in.
I don't think so. The law, just like our law reads you can do it as long as you don't leave pavement to do so. The constitution guarantees you the right to a trial by jury. If the jury finds you guilty and I doubt they will you can take your course to get those points back.
 
not sure if you mentioned it but does your company vehicle require a cdl? would a ticket affect your use of a company vehicle?

No, it's an E350 SuperDuty service van. Oddly on the ticket he listed NO for commercial vehicle even though the registration is in the company's name and it has plenty of writing and graphics on it.

More than 4 points and their insurance drops you. So if it sticks, even an additional 2 pointer and I'm screwed.
 
I don't think so. The law, just like our law reads you can do it as long as you don't leave pavement to do so. The constitution guarantees you the right to a trial by jury. If the jury finds you guilty and I doubt they will you can take your course to get those points back.

Sounds like that may be a plan. Would I have to ask for that before seeing a judge in traffic court?
 
not sure about your state laws but i always plead not guilty see the jury, i will buy some time for trial ( sometimes three to 6 months)and when the court date comes if the policeman does not show up the district attorney will drop charges and if he shows up you still can deal with district attorney on lesser charges or take defensive course...it has worked for me all the time.
 
Sounds like that may be a plan. Would I have to ask for that before seeing a judge in traffic court?
Read the ticket, every word on it. Our tickets tell folks they have to ask for a jury trial ten days in advance, but I have never seen a judge decline anyone a jury trial. Call the Judge and tell him you are leaning toward a jury trial and seek advice.
 
No, it's an E350 SuperDuty service van. Oddly on the ticket he listed NO for commercial vehicle even though the registration is in the company's name and it has plenty of writing and graphics on it.

More than 4 points and their insurance drops you. So if it sticks, even an additional 2 pointer and I'm screwed.

I've been told that if the info on the ticket is wrong, it can be thrown out. BUT, I tried that once, a had proof i was heading south, the ticket said north, I brought it up and was told by the judge that the LEO will just write another ticket:banghead:

I like D03's advice otherwise, and a lawyer should give ya a free consult. To be honest, Id rather pay a lawyer than the state for a ticket I didnt feel I earned.
 
Most times the solid white line means not safe for passing or no passing when two lanes are going in same direction..
 
I would check with your state laws and rights regarding traffic tickets/citatations. I had gotten a ticket about 2 years ago that I contested and plead not guilty to. I didnt even seen trial by jury on the ticket as an option..... I plead not guilty and picked my choice of time for court which was morning figuring how I got the ticket in the late afternoon the cop might opt to not come in. Sure enough I got a letter in the mail shortly after saying that he requested to set the court date to the next month in the afternoon. So by law I had the option to postpone the court date 1 time as well so I picked another morning date set for the next month after that. So 4 months later from the time of the ticket I appear 30 minutes early dressed in a suit with 3 witnesses. The trial was by judge....... there was not an option for a jury. The officer shows up 5 minutes before the trial dressed in civies and asks to speak with me privately. I told him I was adamant that I was in the right and I have brought 3 witnesses to back up every word of my statement and how the events occurred on that day. He says that he feels he was in the right as well however if I agree to pay the fine+ court costs he will agree to me pleading to a lesser charge that wont add points to my license. I took the deal immediately! :whistle: We walked in and he was real buddy-buddy with the judge told him the agreement and I confirmed. That was it, done deal. So I'm not saying that will happen every time but in the event those points could make you lose your job I would spend the extra money and hire an attorney. If I got that kind of deal by myself i'm sure a lawyer who is probably in there every week could do the same if not better for you
 
Back
Top