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Michael Bradley
Michael Bradley,
Category: Traffic Law
Satisfied Customers: 1063
Experience:  Owner at The Protection Group LLC
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Revived a ticket for following too closely but I didn't rear

Customer Question

Revived a ticket for following too closely but I didn't rear end the 18 wheeler. I was in the turn right only lane and the 18 wheeler was in the left straight only lane and the as soon as I saw the 18 wheeler trying to turn right I stopped completely and blew my horn over and over and the back part of the trailer by the back wheels came into the right turn only lane and hit my driver door and drugged me on to the sidewalk a little. I was out at fault and cited for following too closely even though the truck made a illegal right turn! The police report says I hit the truck and damaged the front left number head light when it's obvious the damage was in my driver door and window! The officer must have believed the truck drivers story! The officer showed up later and didn't even witness the accident! How can I be cited for following too closely when the truck hit me as I was at a dead stop and the back part of the trailer came into my lane? I'm going to fight the ticket myself. Any advice? Can you give a following too closely ticket for that kind of accident? It doesn't make sense to me. Thank you in advance for any information and advice!
Submitted: 3 months ago.
Category: Traffic Law
Customer: replied 3 months ago.
Sorry for the typo's as I should have reviewed it before I sent it. More info... the truck had no damage on it. The back right side of the truck right at the back right wheels hit my car on my driver side. The damage was on my driver door and my driver window. I was at a complete stop when he hit me and I blew my horn a lot to try and get him to stop, but apperntly he couldn't hear my horn and kept going. He took up 4 lanes when he turned and stopped once he realized he hit me (finally stopped) and I do believe he was making a illegal right turn. He made no indication that he was going to make a right turn. Not one part of his truck was in right lane when I entered the right turn only lane and he was straight as an arrow when in left straight ahead only lane. Is there also a way to send any of y'all photos? I took plenty of pictures! One pic shows the arrows on the road on what direction each lane the traffic should be going.
Customer: replied 3 months ago.
Customer: replied 3 months ago.
Customer: replied 3 months ago.
Customer: replied 3 months ago.
Customer: replied 3 months ago.
Also the ticket has loads of mistakes on it. Can I bring up the mistakes in court and say if the officer couldn't even get the information on the ticket right how could she be fit to cite me in the first place? Or something like " I believe the officer had a tiring day as we all stood out in the hot sun for two hours and I believe if she made all these mistakes on my citation she surely mistaken in given me a citation." Could I get it dismissed? She got my address wrong from wrong house address to even the wrong city and county I live in and zip code. She put that there was no accident. She got out a 2007 charger when I car is a 2017. She put the wrong street on the citation too. The road that the truck driver turned onto going right is not the right road and isn't even a road from my knowledge near by. She said it was sr72 when it is st172.
Expert:  Michael Bradley replied 3 months ago.

You can certainly argue that the mistakes that the officer made in the details on your ticket. However, most judges give the officer leeway when it comes to making mistakes in writing the ticket. I would mention but I would not harp on or hammer that point home. What I would do is bring those pictures and present them and make sure the person who took the pictures are there if he wasn't you. The one picture that really stands out is from behind where the accident occurred which shows that the tractor-trailer struck your car about three quarters of the way down from the trailer.
You are absolutely correct that the cop asked for a continuance quietly because they could not make out their case. In fact, there is no way that the officer can make out the case because they did witness what happened. They come upon an accident after that occurred and talk to both participants and maybe a witness and then decide who to site. I agree I do not understand why you were cited with following too closely. If anyone would've been cited is be the tractor-trailer for making an improper right-hand turn. My guess is they want a new date so that they can try and get the tractor-trailer driver to appear. No guarantee. I am assuming that this was the first listing. Even if you had anattorney it may have well been continued. If an attorney was there they could have certainly argued for the case to be dismissed since the state was not prepared to proceed. However, I have had many cases continued the deity hearing for the state claiming not to be ready.
The key here is to point out that the tractor-trailer was making a right-hand turn from a straight driving lane. You also want to make sure whether or not the turn signal of the trailer was on. If it was, then they could argue that you were following too closely. However, I'm going to assume that the turn signal was not on.