Legal Question in Personal Injury in New York

After passing 2 "lane closed" trucks, I re-entered the lane thinking it was no longer close. However, upon seeing a 3rd "lane closed" truck approx. 200 ft. away, I attempted to merge back into my original lane close to the truck. The driver that had created the opening sped up to not let me in and I crashed into the truck.

I told the cop that arrived to the scene afterward I was going about 55mph (the speed limit), but think I overestimated due to the shock of experiencing my 1st accident. I was issued a ticket for "speed not reasonable & prudent" and "disobeying traffic control device" because my speed did not make "common sense" and he "could not think of any other tickets to write me because there were workers walking around."

However, when I was trying to decide on how to best correct my mistake of entering the lane, I saw no people walking around (probably in the truck). While the accident was my fault, I was not attempting to break the law or cut the line of traffic and the only damaged sustained in the accident was all to my car.

What is the best way to approach a plea of "not guilty" for the tickets?


Asked on 4/17/10, 8:03 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Tell the Judge you couldn't possibly have been going a speed not reasonable and prudent as you were stuck between 2 slow trucks. That the cop did not witness your speed.

Then plead down the "traffic device" to a seat belt (no points).

OR...you can tell the court what happened and ask for a dismissal "in the interest of Justice".

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Answered on 4/24/10, 10:14 pm


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