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#21
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#22
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Absolutely, in my opinion you chose the right decision. I would have done the exact same thing I believe if in your shoes.
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Michael 2008 BMW X5 3.0si Space Gray/Black Nevada Leather/Bamboo Wood Trim Premium | Cold Weather | Technology | Automatic Tailgate | Comfort Seats | iPod Adapter Previous: 2004 BMW 330xi |
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#23
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Thanks, that actually does make me feel a little better, regardless of the future court outcome. It could have been worse imo.
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#24
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Tleong, I need to go with you on a trip to Germany. One week observing good driving habits may be the only way to convince American drivers THEY FOLLOW TOO CLOSE!
On my very first trip, I was riding as a passenger from the Munich airport to a small town to the west, travelling on a high traffic two lane road at rush hour at 100kph. I asked the driver what the small white poles on the side of the road were for, and he said: two purposes 1) markers to know where the side of the road was for plows in the winter snow, and 2) distance markers to the car in front of you. He explained that in his mind he was looking at the car in front and counting the poles to make sure he was the legal distance, or he would get a ticket, either by automatic cameras or the police. When returning to America I had to ride from Charlotte to my home about 90 miles south. The limo driver was RIGHT ON the ass of the car in front 75% of the time. What a difference some good driver training and law enforcement make! Can you tell us about why the law is a toss up in NY? What did your advisor tell you about which law would nail you and how to be 'set-free'? By the way, I was staying in Brooklyn a few weeks ago (Brooklyn Bridge Marriott) and the Taxi rides to the airport confirmed that riding someones ass is normal in NYC. |
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#25
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Quote:
As far as my defense will be - according to the lawyers I have been in contact so far.... I made my decision to swerve NOT because I wanted to cut the guy off, but in necessity to avoid an accident. At the time, I believe it was in my best judgment - furthermore, I was literally 1/2 block from the turn into my house, so there would be no need for me to cut a car off considering I had to make a turn in about 40 feet. I really hope I can find a relatively inexpensive and good traffic lawyer... and hopefully my judge is somewhat caring. |
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#26
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I think that is a very valid defense for swerving into the oncoming lane. The challenge you face is that by your own account you then passed a child standing in the road (when you perhaps should have stopped) and then you swerved back in front of both the child and the car that was stopped. It may be the complete sequence that caused the police office to cite you.
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2007 X3 3.0si, 6 MT, Premium, White Retired: 2008 535i, 6 MT, M Sport, Premium, Space Grey 2003 X5 3.0 Steptronic, Premium, Titanium Silver 2002 325xi 5 MT, Steel Grey 2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue |
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#27
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JCL - I think you are very right. Looking back, I believe I should have stopped right there. The reason I didn't was because I would have been stopped in the opposite lane: making me vunerable to getting hit by any oncoming traffic. However, that is a very valid argument.
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#28
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Forget the lawyer, tell the judge exactly what you did, and why you thought it was the appropriate action at the time and how with afterthought you would have elected to:
a) not follow as close as you did b) not continue around the other car and c) assure him/her that while the officer's citation may have been appropriate in his eyes, you apologize and promise that you have learned from this situation and ask that he/she take your good driving history in consideration before issuing a judgement I say this because in my experience it really won't matter what you say, but honesty is rare in the courtroom and sometimes sincerity wins the day. Otherwise he/she is going to do what they want to so regardless of what comes out of your mouth. So save any money for the fine and don't give a nickel to a lawyer because you'll speak better than him. Getting a citation and paying money is something that can happen to any of us at any time. We're all out of line at some time or another. Consider it dues to belong to the driver's club, it's only money. |
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#29
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Thanks Lubehead. I was considering a traffic lawyer only because he/she might be able to explain my situation better than I can - especially in reflection of the law. It is also not the fine that I am worried about - less so than the points I might receive, which will lead to a hike in my insurance
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#30
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No way in hell should you plead not guilty....If you plead not guilty the judge may take the case straight to trial with little opportunity to explain yourself....Driving the wrong way is a felony in some states especially if there is intent....Plead guilty and the judge may let you explain yourself and reduce the charge....this ticket may have u by the gonads...pray hard until it lets go....$750 may be a small charge to see this taken care off
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