You're a moran!

 

I just noticed this but if you were cut off in the passing lane (ie, left lane), why didn't you swerve to the right into the slow lane and slam on the brakes? Also, what was the speed limit and how fast were you going when you went into oncoming traffic?

You might be able to argue it since you have a witness who can back you up (assuming you can get the story straight). A witness always helps.

 

Come on Ken, the witness was his fiance... Now, a girlfriend might get the story straight but a fiance has already started that whole control thing on her way to becoming the wife. Far too unreliable of a witness.


Speaking of, when you gonna get your ass out here to our place?

I may be heading over that way in a month or so to clean out the storage in Pasco.

 

There was a car on my right, that's why I didn't swerve there. The speed limit was 60, I passed him at 65, he was doing 50 in the fast lane before he hit the brakes. So I was not speeding.

 

I can see myself doing this same thing. If he is a very aware driver like he claims then he would already know if there was oncoming traffic or not. Not stopping and checking and choosing to pass instead of just brake. If this happens out of instinct and your already aware the oncoming lane is empty it was clearly the easier choice. If your coming up on someone who was going 50 and they hit the brakes it would be way easier to swerve around them going 65 rather to try and slam on the brakes in an Elantra which probably would of locked up and hit the driver in front. I could of mis read the whole situation. But if how I'm describing it is true then I say good driving/bad luck. I'm just trying to see this from BLACK2001S2K's point of view. Now this is not to say your decision wasn't illegal but it seemed like you were taking alot of flaming for what you did and I'm trying to sympathize with ya a little. Again, back to the instinct reaction, there isnt any time for wait is this legal...There is time for O Sh!t whats going to keep me from hitting anyone or anything. I would vote for empty on coming lane anyday over hitting someone but only you and the cop really know what happen. Sorry you got a ticket and good luck to ya.

If your going to a lawyer I would imagine playing the "you did the safest thing to avoid an accident" card might work best for you....Good Luck

 

Me too. Which is why I don't believe him when he says it was for "accident avoidance".

Here's my scenario:

Black is driving along in weekend 101 traffic, looking forward to the next passing lane. Passing lane comes and he pulls out to try and jet past a line of cars. Another car pulls out.

Option A: Black closes fast on the guy who decides to "brake check" him. Black reacts by passing. Cop sees pass.

Option B: Guy who pulls out sees cop, hits brakes. Black reacts by passing. Cop sees pass.

Either way, Black isn't going to get out of the ticket by going to the judge and explaining that he had to pass because of accident avoidance. The judge has heard that a million times.

Just hire a lawyer.

 

Well thanks for some support I acutally had this happen to me once before, not the ticket, but the break check. I was in an SUV and a car hit his breaks at a green light, yes, green. I reacted by getting between him and the sidewalk, no pedestrians and I was not on the sidewalk, but in thebike lane and I avoided an accident. I have a fairly good reaction time and I love driving, so I pay very good attention as to what goes on around me. I have a clean record/no tickets, ever since I starter driving, in about 1995.

 

Lawyer should be able to use that to get the charge reduced and the case deferred -- assuming the lawyer doesn't get it dropped completely. If you try to argue it yourself, though, your chances are a lot worse.