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i crashed my car the other day and i got charged for marked lane violation… i fishtailed off the road and hit a telephone pole… i clearly DID go across the white line because i flew off the road and there is a tire mark but it wasnt my choice. if i were to fight this ticket could i use the excuse that the police officer didnt witness it?

Best Answer :

Stella
Stella

No..the yaw mark on the road where you went out of your lane of travel is evidence enough when an accident investigation is done. The investigation will/should show your direction of travel, speed, approx. speed at impact, and the final rest of the vehicle. You can argue that the officer did not witness the accident, but it probably will not help you. I have done accident reconstruction for the past 3 years, and the courts view ART members expert witness' on the stand….you got off easy with a "marked lane violation"…it should have been charged reckless or careless.

Other Answer(5) :

Simon
Simon

No, an officer doesn't have to witness. If he has enough evidence to establish probable cause, he can issue a citation. Personally I would have charged you with careless driving.

Duncan
Duncan

No..the yaw mark on the road where you went out of your lane of travel is evidence enough when an accident investigation is done. The investigation will/should show your direction of travel, speed, approx. speed at impact, and the final rest of the vehicle. You can argue that the officer did not witness the accident, but it probably will not help you. I have done accident reconstruction for the past 3 years, and the courts view ART members expert witness' on the stand….you got off easy with a "marked lane violation"…it should have been charged reckless or careless.

Blake
Blake

i crashed my car the other day and i got charged for marked lane violation… i fishtailed off the road and hit a telephone pole… i clearly DID go across the white line because i flew off the road and there is a tire mark but it wasnt my choice. if i were to fight this ticket could i use the excuse that the police officer didnt witness it?

Rob
Rob

Cecil
Cecil

No, an officer doesn't have to witness. If he has enough evidence to establish probable cause, he can issue a citation. Personally I would have charged you with careless driving.

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