Monday, August 15, 2011
Accident ticket states wrong statute? Beat in court?
I was in a sideswipe accident a few months ago in Florida and was given the ticket. I opted to go to court. I was in a merge lane and I swear the car to my left drifted into my lane, but of course, I was cited for it since I was in the merge lane. The cop also told me that he needed to write a ticket to doent a claimed injury (shoulder pain) by a penger in the other car who refused to go to the hospital. My ticket says that I violated Florida Statute 316.083(1). This statute describes overtaking a vehicle on a two-lane road. (Going in the oncoming traffic lane to p a vehicle). It looks as though the cop should have put 316.085 (2) on my ticket. Of course, I will not mention that, but regardless of the "who moved into what lane" argument and the fact that the officer did not witness the accident, can I win based on the statute not applying to my situation and the road set-up? Or could the judge be like, "well, based on the cop's testimony, you actually violated 316.085 and you'll be charged with that."???
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