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Defense strategies against tickets for improper passing or lane changes

On Behalf of | Jan 5, 2022 | Traffic Violations

Changing lanes and passing other drivers on the road is a normal thing. A motorist can change lanes and pass another driver when in a hurry to beat a deadline, evade traffic or avoid a distraction. Sometimes, changing lanes can be so instinctive that you barely realize it – and you may forget to observe the set traffic codes. At other times, you may be forced by circumstances such as an emergency to make an unsafe lane change. 

If you have been ticketed for an unsafe lane change, you should challenge the charge if you believe that you broke no law. Remember, most unsafe lane change tickets are based on the law enforcement officer’s subjective interpretation of the law. 

How do you defend yourself if you have been cited for an unsafe lane change in Florida? Here are helpful tips:

Challenge the officer’s subjective assessment

When it comes to some traffic offenses, everything boils down to whether the enforcement officer’s conclusion was reasonable. At the heart of your ticket is the question of whether or not you changed lanes and passed another driver safely – or not.

To challenge such a citation in court, you may aim to cast doubt on the officer’s judgment by highlighting all the factors that would support your assertion that you were driving safely based on the weather conditions, the flow of traffic and other important factors.

You acted to avert a greater danger

An emergency that is not of your creation can justify your decision to change lanes. The key to this defense strategy is to prove that it was essential for you to change lanes the way you did to avoid greater harm. 

For instance, maybe you changed lanes abruptly to avoid hitting a pedestrian or an animal that was crossing the road. That could be a valid defense.

Have you received a citation for an unsafe lane change? Do you feel your action was justified? If so, then you need to figure out how to defend yourself and have your charges dropped.