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  1. #1
    Join Date
    Nov 2009
    Posts
    4

    Default Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    My question involves a traffic ticket from the state of: Florida

    Here's an image to show visually the scenario:

    [img=http://img297.imageshack.us/img297/816/trafficdetail.th.png]

    The road I was on has 3 lanes, 1 going each direction, and a center lane marked with the arrows pointing left and right for turning. I was pulling up to some stopped traffic. I put my blinker on, moved into the center lane and drove cautiously, about 6 mph, up to the light, looking for anyone else turning or pulling out.

    No one else was turning left, everyone was waiting to continue straight. The cop said I was in the lane for too long. I asked him how far back I am allowed to use that lane, he didn't know the answer and quickly changed the subject saying I just should have waited my turn like everyone else. I thought I was waiting my turn.

    Yes I am sure there is a lawful allowable distance to use this center turn-lane but, A) how did he come to the conclusion that I was past this distance and B) is statute 316.089 IMPROPER LANE CHANGE even the right statute to quote? It seems like most tickets I am reading about has to do with, well, changing lanes. The officer never saw me actually enter the center lane, due to traffic in front of him and the road being on a hill.

    I would love to fight this. I don't think I deserve a $166 ticket, but I dont want to loose and have to pay $266.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    Personally, I think you were cited with the WRONG statute. 316.089 states:

    Quote Quoting 316.089
    316.089 Driving on roadways laned for traffic.--Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

    (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

    (2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices.

    Based on your description and the picture, I don't think you violated THIS law -- as long as you moved into that center lane safely (and if there were no other vehicles in that center lane, it would be difficult to prove that the lane change WASN'T done safely). Furthermore, from paragraph (2), you did, indeed, overtake other vehicles traveling in the same direction -- up until you reached the portion "allocated exclusively to traffic moving in the same direction" (the left turn lane). So, if it were me, I'd fight it.

    You might want to submit a discovery request to see the officer's notes. Your case must be built around what the officer says, not what you think happened.

    Good luck,
    Barry

  3. #3
    Join Date
    Nov 2009
    Posts
    4

    Default Re: Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    Reading over a lot of posts about the discovery process and lots of people not ever recieving the information. It sounds like I need to know exactly what I should being asking for in my request. Im not sure exactly what I need as I dont think there is a lot behind this ticket.

    Do cops write down extra information about why they pull people over?

    My plan really is just to tell the judge the situation. Read the statue I think the cop thought I was guilty of. In this case article 2.

    (2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices.

    I just dont see how I did anything wrong. It just says "within a safe distance". I was overtaking another vehicle going the same way, and it was clear of taffic. ?What did I do wrong?
    The lane had arrows marked for turning left or right. A note I plan on bringing up is that, at the point I pulled into the center lane, the only left turn that is even possible to make is at the light I turned at. So why else would it have the left turn arrows??

    Honesty I feel like I should win this. Or am I just being bull headed? I dont want to go in front of the judge and look like a stupid college kid trying to get out of a ticket. I really just don't think the ticket was justified.

  4. #4
    Join Date
    Nov 2009
    Posts
    4

    Default Re: Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    Just to follow up. Apparently the officer thought it wasn't justified either. He mailed in a dismissal, never showed to court.

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    Well, congratulations! And thanks for letting us know.

    Barry

  6. #6
    Join Date
    Mar 2010
    Location
    Seattle
    Posts
    3

    Default Re: Officer Said I Was in the Center Two-Way Lane Change Lane for to Long

    I don't know about Florida but, in Washington, you have 300' you're allowed to travel in that lane.

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