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Old 05-25-2012, 10:49 AM   #1
xtelevisionset
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Legal Advice Requested

Hi, I was pulled over on the 8th and received a citation for "fail to maintain a single lane of traffic."

I called into the municipal court today and the charge I signed for is not the same as the charge filed. The charge on record is "fail to drive in designated lane."

These offenses are completely different and even so I was still only using one lane granted with other cars occupying it.

My attorney just told me to call him on tuesday regarding the matter but I was wondering if a more expedient response was available here from someone.

Thanks in advance.
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Old 05-25-2012, 10:51 AM   #2
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So what's your question?
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Old 05-25-2012, 10:53 AM   #3
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Oh yeah, can the charge simply be dropped due to the officer's mis-input of information?

I did not sign agreeing to show up for court for the offense I'm charged for nor was I told I was even cited for it.
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Old 05-25-2012, 10:56 AM   #4
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If he has all your ID information, place, date, time, and vehicle information correct with a description of your infraction, then I don't believe the court charge has to match exactly what's on the ticket.
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Old 05-25-2012, 11:01 AM   #5
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Description of infraction?

That is what he files, but not written on the citation?

Lol and he market my color as silver, butbitbis registered as black :p

I don't imagine that would really matter.
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Old 05-25-2012, 11:06 AM   #6
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Did he describe your infraction on the ticket?
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Old 05-25-2012, 11:10 AM   #7
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there is no specific law on "Lane splitting" or "filtering". I would imagine a good attorney could get you out of this.
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Old 05-25-2012, 11:12 AM   #8
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He did not describe the infraction only wrote the offense
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Old 05-25-2012, 11:12 AM   #9
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Where at?

I ahd this happen to me ona ticket, i showed up and plead not guilty when the DA, or whom ever the he is sat down with me to discuss the case, I showed him the discrepancy with the tickewt and they threw it out.

Now, the ticket you signed says one thing and the docket says another, it could be possible to get it thrown out.

I had another one thrown out because the officer who wrote the ticket said my vehicle was a black chevrolet truck on the ticket. My registration is for a GMC truck..

It may be he used it as an excuse just to pull you over, and to keep from looking suspicios he wrote you a ticket he knew would get bounced out of court.
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Old 05-25-2012, 11:14 AM   #10
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Quote:
Originally Posted by xtelevisionset View Post
He did not describe the infraction only wrote the offense
Yea, well if the cop shows up and testifies that he observed you "sharing a lane" and the judge believes him, you'll probably be found guilty.
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Old 05-25-2012, 11:16 AM   #11
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Quote:
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there is no specific law on "Lane splitting" or "filtering". I would imagine a good attorney could get you out of this.
there are not specific laws for everything. that is why you hire lawyers to 'spin' the law to their opinion of what it should be. doesn't always work.

The Texas government thought this issue was important enough to include on this information for motorcyclists.

Straight from the Texas Governments website.
http://www.txdps.state.tx.us/msb/msbfaqs.htm

The law doesn't specifically say one way or the other, but there are several statutes that may come to bear depending upon the circumstances, i.e. right of way, obligation to drive in a single lane, signal intention, passing with safety, etc. Motorcycles are considered equally as cars regarding traffic laws, so the single lane, signal intention and other statutes in the Transportation Code could come in to play.

The main statute that makes "lane splitting" illegal is Transportation Code Section 545.060, entitled "Driving on Roadway Laned for Traffic."

An operator on a roadway divided into two or more clearly marked lanes for traffic:
shall drive as nearly practical entirely within a single lane; and
may not move from the lane unless that movement can be made safely.
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Old 05-25-2012, 11:19 AM   #12
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Well actually it was a one lane entrance ramp and not marked for two lanes.

Also I stayed in the lane.
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Old 05-25-2012, 11:21 AM   #13
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Quote:
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Well actually it was a one lane entrance ramp and not marked for two lanes.

Also I stayed in the lane.
Were side by side with a car?
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Old 05-25-2012, 11:23 AM   #14
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I say fight it. If the judge doesn't see it your way take it to a jury. Traffic court jurys tend to be simpathetic to the motorist because they have all been on the other side.
I doubt it would go that far tho', the judge will probably throw it out. Your lawyer should be able to make this go away. IMHO
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Old 05-25-2012, 11:24 AM   #15
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Normally I would not do it in the given situation but that particular ramp on 59 and w. Alabama has very poor visibility because it is going upwards and around a left corner. People are entering at 60 MPH and occasionally people come to a complete stop. Which in this instance happened.

A rear end accident begging to happen.
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Old 05-25-2012, 11:24 AM   #16
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Quote:
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I say fight it. If the judge doesn't see it your way take it to a jury. Traffic court jurys tend to be simpathetic to the motorist because they have all been on the other side.
I doubt it would go that far tho', the judge will probably throw it out. Your lawyer should be able to make this go away. IMHO
Unless the jury has had experiences on the road with riders
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Old 05-25-2012, 11:28 AM   #17
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Quote:
Originally Posted by xtelevisionset View Post
Normally I would not do it in the given situation but that particular ramp on 59 and w. Alabama has very poor visibility because it is going upwards and around a left corner. People are entering at 60 MPH and occasionally people come to a complete stop.

A rear end accident begging to happen.
Yea, well if the judge puts himself in the place of the driver you were riding next to, he may not have any sympathy for you and he could also think, "yea, motorcycling is risky and if you choose to ride, that danger is all on you. No one is forcing you to ride".
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Old 05-25-2012, 11:29 AM   #18
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so there was an accident in front of you and you swerved around?
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Old 05-25-2012, 11:32 AM   #19
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Quote:
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so there was an accident in front of you and you swerved around?
No, it was a "what if" situation. If I'm not mistaken the OP posted a video of himself lane splitting on 610 which he claims he does on his daily commute
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Old 05-25-2012, 11:35 AM   #20
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Here we go
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Sup, guys.

New here.

Here is a video of me a few months ago. My bike was out of commission for a while, and now I'm finally riding again after three months.

I'm curious to see if there are any other lane splitters out there, because I don't ever see them!

http://www.youtube.com/watch?v=tslpGWhZZnU
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