I Swerved to Opposite Lane to avoid a child - NYC Summons Issued....

Tleong · #1 08-06-2009, 09:55 AM

So it was 9:20pm last night and I was traveling on a 2 lane street with only one car in front of me. This young boy (9-12yrs old) jay walks on his scooter. The car in front of me immediately stops short of the kid on the scooter. My immediate reaction was to swerve around the car because if not - i would have rear ended him and quite possibly forcing him to hit the child (who was deer in headlights). As I swerve to the opposite lane (there were no cars), i swerved back in front of the car and immediately was pulled over. The cop car was about 75ft in front of this whole incident. I was issued a summons even though I explained it. Now, I have to take off work to defend myself. If anyone has any good advice, it would be greatly appreciated!

Sponsored Links

Thunder22 · #2 08-06-2009, 10:13 AM

What were you cited for? and how much is the fine?

Tleong · #3 08-06-2009, 10:16 AM

VTL: 1124 - Driving wrong way on 2 way street. There is no price, I can either plead guilty and they will decide, or i can plead not guilty and appear in court. The latter of which I plan on doing. *Additionally, there were no other cars in the opposite lane which I swerved into.

Wagner · #4 08-06-2009, 10:19 AM

Too bad you don't have the other drivers info to backup your claim in court that a child was in the street.

Tleong · #5 08-06-2009, 10:38 AM

Yeah. The police officer wouldn't let me out of the vehicle to talk to the child or get the info. from the other driver.

chilliwilli · #6 08-06-2009, 10:56 AM

If you didn't get the opportunity to collect contact info from the other parties...or if you have no witnesses, i suggest retaining a traffic attorney.

Viperfreak2 · #7 08-06-2009, 11:08 AM

Just accept the responsibility! It was your fault. You were following too close. If not, you could have safely come to a stop without swerving.

Tleong · #8 08-06-2009, 11:09 AM

Quote:

Originally Posted by chilliwilli

If you didn't get the opportunity to collect contact info from the other parties...or if you have no witnesses, i suggest retaining a traffic attorney.

Do you have recommendations for the attorney?

chilliwilli · #9 08-06-2009, 11:15 AM

Quote:

Originally Posted by Tleong

Do you have recommendations for the attorney?

PM sent...

JCL · #10 08-06-2009, 11:27 AM

Agree that if you could not stop you were following too close.

When you swerved into the opposite lane to avoid the car, that seems like it was probably a good decision. However, you should have stopped there. What if the child had kept going and you then hit him? Your error was passing the car, and then swerving back in to the right lane. That is likely why you got the ticket. Just plead guilty, you don't have a defense.

Sponsored Links