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  1. #1
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    Sep 2006
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    Default Defensive Maneuver Gets Me a Careless Driving Citation

    My question involves a traffic ticket from the state of: Kentucky
    Hello all and thanks for reading . I would like to get some opinions on a citation that I received in Kentucky .
    I was going west on a 4 lane rd ( speed limit is 35) while a van turned in front of me to get into the local gas station . I was heading straight , he was turning left .. Well, to keep from hitting the vehicle , I swung out left to avoid the collision . Now , as I did this , there was a police car coming at me ( east ) . The officer makes a u-turn then pulls me over . He asks why I swerved and of course I told him to keep from hitting the car that pulled out in front of me into the gas station . I hand over my insurance and all that jazz and he proceeds to write me a citation for careless driving .. Now , I guess my question is , what kind of chance do I have at beating this ?? Even on the citation the officer noted that I almost collided with another vehicle that was turning in front of me ? I do not feel like I did anything wrong at all , in fact , it prevented the collision . Any thoughts ?

  2. #2
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    Making a reactive maneuver to avoid collision is always a good choice. It appears the officer felt you should have reacted by jamming on the brakes. I would take the time to contest this with a not guilty plea, as you might prevail with a polite explanation of what occurred, why you made the decision to swerve, instead of brake and clarify that though the officer was in a position to view the van make an improper left turn, in violation of KY statute XXXX, cut you off and see your reaction to it, he was not physically in a position to determine whether the reaction was careless or necessary to avoid the accident that would have occurred by your failure to elect this manner of evasive action, instead of slamming on your brakes.

    I would be prepared to also interject how I knew swerving around the van, would not cause a head on collision with oncoming traffic.

  3. #3
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    sounds like you were driving to fast or your brakes would have done the job just fine ... its a tough one to beat as it just goes on the officer's testimony.

  4. #4
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    There are two possibilities here:

    The officer may have cited you for almost colliding with him and then he made a notation that you almost collided with another vehicle that was turning in front of you; or,
    The officer could have cited you for almost colliding with another vehicle and made a notation that you almost collided with this other vehicle that was turning in front of you.

    Now, consider this, if this van came out of a private driveway in such a sudden manner and at a point where you were forced to make an equally sudden move in an effort to evade colliding with the turning vehicle, only to come around this other vehicle and find an officer there watching the entire thing, why is it that the officer had to turn around and come after you when in reality, he should have continued straight until he caught up with the van driver to cite him for failing to yield the right of way?

    Quote Quoting ciosclone
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    I do not feel like I did anything wrong at all , in fact , it prevented the collision .
    I'm guessing if you can properly identify the "it" above, you can find out shy the officer cited you... If the only thing you can come up with is "you swerving to avoid a van that was turning in front of you, I would suggest you ask the officer when he is in court to testify.

  5. #5
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    Sep 2006
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    Thanks for your educated response T.G. Today , I spoke with a few friends of mine that are in LE and they told me that regardless , the other vehicle failed to yield to the right of way ? They went as far as stating that even if the officer notated that I was speeding ( which is not on my citation ) , the other party still failed to yield . That said , the question , I guess that still remains is , is why did he decide to get me and not the other vehicle . ? I will add that my friends did state that they would talk to the officer if I wanted them too , however, I don't want that ! I think it's a case that the officer clearly made the wrong decision and went after the wrong person ..

  6. #6
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    Quote Quoting ciosclone
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    They went as far as stating that even if the officer notated that I was speeding ( which is not on my citation ) , the other party still failed to yield.
    Ah, and see, that same analogy would apply to you as well... In other words, just because the other vehicle failed to yield, does not necessarily mean you were not driving carelessly!

    Two wrongs do not make a right, and if we were to assume that the van failed to yield the right of way, any careless action by you would give the officer a choice to either cite you, cite the other driver, cite no one or lastly cite you both assuming he can catch you both... And there really is no expectation of him to have to cite both drivers especially since you were both driving in different directions. He can then decide based on which color vehicle he dislikes more if he wants (as long as he has probable cause for the stop and as long as he can articulate an alleged violation). The same analogy would apply if you had acted carelessly, and subsequently, the van proceeded with his turn and as he did so he failed to yield the right of way to you... Officer still has a choice.

    Quote Quoting ciosclone
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    I will add that my friends did state that they would talk to the officer if I wanted them too , however, I don't want that !
    Can't say I blame you... But at the same time, if he made an error, clearly you should be able to avoid the hassle! Ultimately, the choice is yours!

    Quote Quoting ciosclone
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    I think it's a case that the officer clearly made the wrong decision and went after the wrong person ..
    Well, not to disagree... And you may be right... But until you hear his justification for the citation, your action(s) may have looked completely different from his stand point. Who knows!

  7. #7
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    Default Re: Defensive Maneuver Gets Me a Careless Driving Citation

    I would ask the officer point blank what his response would have been in a similar situation, where the vans failure to yield, left him in a position of swerving or colliding with the van.

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