Legal Question in Traffic Law in Colorado
My son received a ticket for unsafe lane change. He is 15 and I was giving him a driving lesson. He was changing lanes into a turn lane when another driver came up from behind and flew past us, side-swiping the front left of our car with the back right side of his truck (he swerved towards us right before making a fast hard left turn). He was going MUCH faster and I know he was not in the turn lane when my son began to get over because I had just looked. After hitting us he drove through a front parking lot, a side parking lot, and into the back area behind the building. Then he got out of his vehicle and disappeared inside. I called the police then went to find the other driver. When I did find him he asked me what had happened and if he had hit us. I told him we were changing lanes and he flew past us and side-swiped the front of our car. He apologized and said he didn't see us. When the policeman arrived he asked who was driving each vehicle and what lane we were in when the collision took place. That's it. He didn't ask for any explanation or our perspective on the accident. Neither the police officer nor the other driver apparently witnessed any driving by my son. By the way the other driver was driving on a revoked license in a vehicle he owned but had not registered. When we go in for the first court date I understand it is to plead guilty or not guilty (we will be pleading not guilty) and then set another court date for a trial. My question is can I file a motion to dismiss at that time for no observation of unsafe lane change?
1 Answer from Attorneys
No.
That is a factual, as opposed to legal, issue for the trial.
Speak with the DA; they might listed.
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