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My son was in an accident recently. Without spelling out his

whole story here, I do...
My son was in an accident recently. Without spelling out his whole story here, I do not think the ticket he received is right and would like to challenge it. Looking for some legal advice to decide how we should proceed (ie. fight the ticket or not), please.
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Answered in 6 minutes by:
9/19/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 30,726
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

There is no one-sized-fits-all defense to a ticket. If you could tell me a bit about what happened, I'm happy to look at what defenses might apply. It would also help to know what state you're in, because some states offer different options for avoiding points on a person's record.

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Customer reply replied 2 months ago
He was cut off by another vehicle and had to swerve to miss him. My son ended up in front of this other vehicle (he would have to explain how that happened...I'm not sure) and the other vehicle hit him from behind and likely totalled his car. The other driver slowed down and then took off, leaving the scene. The police officer found the other driver somehow and ticked him for leaving the scene and one other thing. My son got a ticket for an unsafe lane change. The other person hit him from behind, left the scene of the accident, and now my son has this ticket. I was just shocked since the other driver hit him from behind...isn't he supposed to leave a safe driving distance? I am primarily concerned about the impact this might have on his insurance and points on his license. He is in Colorado.
Thankyou!

Thank you.

I'm honestly not sure how he got a ticket in the scenario you described. It might help to know how he got in front of the other car. He can try arguing that the other car cut in front of him, leaving him with no choice but to swerve into another lane in an effort to avoid a collision. A lane change isn't unsafe if it's executed trying NOT to hit someone.

I'm going to pull up the Colorado law on points for you, and I'll be back in a minute.

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Colorado has a rolling points system, where a person can get suspended if they accummulate too many points in a given time period. If this is the only offense he has, it shouldn't affect his license. Part of it depends on age, though, so take a look at these charts.

https://www.colorado.gov/pacific/revenue/point-suspensions

Before deciding whether to contest the ticket, he may want to call his insurance to find out if the rates will increase and if so, how much. If he's willing to accept the increase, sometimes it's possible to negotiate with the district attorney for a lower fine on the ticket.

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Customer reply replied 2 months ago
This is why I am concerned. Earlier this year he hit black ice and hit somebody...it was his fault. So now he will have 2 accidents and I don't believe this one is something that belongs on his record. It happened on his 25th birthday :-(

I'm sorry to hear that.

After age 21, he needs 12 or more points within a 12 month period to trigger a suspension. Or 24 points in an 18 month period. This should be a 3 point violation.

There isn't a statewide program that will let him avoid points on his record. However, some courts do offer traffic school or similar programs. He can call the courthouse in his area to see if they are one of them.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 30,726
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 30,726
30,726 Satisfied Customers
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.

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