Failure to Signal Stopping Ticket

[traffictickethelp]

My question involves a traffic ticket from the state of: New York.

Hi, I was recently involved in an accident in which another driver rear-ended me. I had passed him and the car ahead of him which apparently angered him, so he chased me down and got about two feet behind me. I gradually slowed down (slowing at about 2mph/sec) for several reasons. I felt unsafe continuing at 55 mph under those conditions, I wasn't sure if he was going to intentionally hit me, there was a speed limit decrease to 45 mph ahead, and there was a bend in the road with a parking lot beyond it that has traffic flowing in and out of the road ahead and I could not see around the bend.

Anyway, both of us were cited. Apparently, he told the officer that I had slammed on the brakes because I was cited for violation of NYS V & T law 1163C - Failure to signal stopping (decreasing speed). This section states, "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal."

I did not "brake hard" or "slam on the brakes" as I feel is evidenced by the damage to the rear of my car which would have been much worse had I done so. My brake lights were both working, so I do not under the reason for the ticket. I have already plead not guilty. What is my best course of action regarding contesting this in court. Thanks!

[gokussgohan2]

You may not have braked hard, but can you prove it in court?

[blewis]

I don't get it either. As you stated, § 1163 (c) states:

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

The "manner provided herein" is specified in § 1164, which states:

Signals by hand and arm or signal lamps. (a) Any stop or turn signal when required herein shall be given EITHER by means of the hand and arm OR by signal lamps, except as otherwise provided in subsection (b).

Since you stated that your brake lights were working, one must assume that when you stepped on your brakes, the appropriate signal was given. Since the law allows lights OR hand signals (but does not require hand signals), I don't see where you've broken the law.

But, that's just the way I read things -- I'm certainly no expert.

On the other hand, if the other driver shows up (and I believe that if he doesn't, you should move to have your case dismissed) and testifies that your brake lights WEREN'T working, it will just be his word against yours.

Barry