Got a ticket for "failure to keep right"! How should I fight it?
Quazi F. Haque
lane violation." The state trooper wrote "failure to keep right" as
the reason for the citation.
Here's the story:
Around 11:30 on Tuesday, I was driving down 495 southbound towards
Franklin. I pass a trooper parked in the breakdown lane. I was left
lane going ~65-70, passing some cars. About a minute later I see him
coming up behind me pretty quickly, so I get in the right lane to let
him pass. He goes by, and I let him get some distance before I speed
back up to ~60-65. I get in the left lane again and pass a couple of
cars that were in the center lane. About 30 seconds later, I see him
pull over to the breakdown lane again, and I pass by him going about
~60-65. Next thing I know, he's behind me flashing his patrol
lights. He pulls me over and gives me a ticket for "failure to keep
right."
I think he singled me out to pull over because I had the sportiest
looking car on the road at that moment ('95 Eclipse GSX), and he was
just looking for an excuse. When I noticed him coming up behind me and
kept my speed down to ~60-65, he came up with something obscure.
Incidental information: My V1 never went off. The trooper was
black. I'm indian. He put down "B" in the race slot on the ticket. I
was dressed "office casual". The guy in my passenger seat was had on a
Blue Velvet movie tshirt and jeans.
I've already decided to contest this... it's a $100 dollar citation
for no good reason. It would have been one thing if he had ticketed me
for going 60 in a 55, but I can't NOT contest a "failure to keep
right."
So, anyone have any advice on how I should contest it? What arguments
might be effective? Should I bring up that I think he singled me out
because of my car?
Any help would be appreciated...
--
Quazi F Haque | Those that can give up essential liberty to obtain a little
qf...@cornell.edu | temporary safety deserve neither liberty nor safety. - BF
Samuel P. Johnson
(Quazi F. Haque) wrote:
> I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
> lane violation." The state trooper wrote "failure to keep right" as
> the reason for the citation.
>
{snip}
From your story it would seem that you pulled into the left lane when
passing a vehicle (the patrol car) on the shoulder. This is something that
I certainly would have done in the same condition. Do I have the story
correctly?
Ask the judge, "If you should have passed the officer in the next lane
with the possibility that he would have stepped out of the patrol car at
the time?" "Or should you have moved as far away from the shoulder as
possible to allow for an additional margin of safety.
My 2 cents
Sam
Samuel P. Johnson
joh...@tigger.stcloud.msus.edu
St. Cloud State University
St. Cloud, Minnesota, USA
Not Insane
Quazi F. Haque
>In article <3or0cq$m...@tuba.cit.cornell.edu>, qf...@crux3.cit.cornell.edu
>(Quazi F. Haque) wrote:
>> I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
>> lane violation." The state trooper wrote "failure to keep right" as
>> the reason for the citation.
>>
>{snip}
>From your story it would seem that you pulled into the left lane when
>passing a vehicle (the patrol car) on the shoulder. This is something that
>I certainly would have done in the same condition. Do I have the story
>correctly?
Actually, 495 is a three lane highway. I was in the left lane to pass
cars that were in the center lane.
>Ask the judge, "If you should have passed the officer in the next lane
>with the possibility that he would have stepped out of the patrol car at
>the time?" "Or should you have moved as far away from the shoulder as
>possible to allow for an additional margin of safety.
It seems to me that the left lane is a trap for motorists. You can't
be in the left lane except when passing, but everyone in the
right/center lane is going at least 55, so to pass them you've got to
be going faster than they are... one way or another, it's a violation
and a citation if the quota needs to be filled.
Every day, in every way, I get more and more disgusted with our
government.
Lloyd R. Parker
: I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
: lane violation." The state trooper wrote "failure to keep right" as
: the reason for the citation.
: Here's the story:
: Around 11:30 on Tuesday, I was driving down 495 southbound towards
: Franklin. I pass a trooper parked in the breakdown lane. I was left
: lane going ~65-70, passing some cars. About a minute later I see him
: coming up behind me pretty quickly, so I get in the right lane to let
: him pass. He goes by, and I let him get some distance before I speed
: back up to ~60-65. I get in the left lane again and pass a couple of
: cars that were in the center lane. About 30 seconds later, I see him
: pull over to the breakdown lane again, and I pass by him going about
: ~60-65. Next thing I know, he's behind me flashing his patrol
: lights. He pulls me over and gives me a ticket for "failure to keep
: right."
: I think he singled me out to pull over because I had the sportiest
: looking car on the road at that moment ('95 Eclipse GSX), and he was
: just looking for an excuse. When I noticed him coming up behind me and
: kept my speed down to ~60-65, he came up with something obscure.
: Incidental information: My V1 never went off. The trooper was
: black. I'm indian. He put down "B" in the race slot on the ticket. I
: was dressed "office casual". The guy in my passenger seat was had on a
: Blue Velvet movie tshirt and jeans.
: I've already decided to contest this... it's a $100 dollar citation
: for no good reason. It would have been one thing if he had ticketed me
: for going 60 in a 55, but I can't NOT contest a "failure to keep
: right."
: So, anyone have any advice on how I should contest it? What arguments
: might be effective? Should I bring up that I think he singled me out
: because of my car?
: Any help would be appreciated...
: --
: Quazi F Haque | Those that can give up essential liberty to obtain a little
: qf...@cornell.edu | temporary safety deserve neither liberty nor safety. - BF
Were you passing other cars all the time you were in the left lane? If
not, he was quite justified in ticketing you. I wish the police here
would ticket people for hogging the left lane! Most states have either
the "keep right except to pass" or "slower traffic keep right" rules, but
they're seldom enforced. Right on, Mass!
SSmyers102
I agree- the left lane is for passing, and it is illegal to pass on the
right to-but no-one ever seems to get ticketed for it.
I drove with a casual friend the other day, he got on the interstate,
pulled over to the left lane, and was cruising along, and I said,"You
shouldn't drive in this lane, it's for passing only" and he said, "I can
drive where I want"
There should be 3 hours of drivers ed each year, or you don't get your
license renewed.
perl
how easily traffic moves simply because drivers recognize that the left
lanes are for passing only. If people would only remember the simple rule:
If you are not passing anybody, then move over to the rightmost lane!
The excuse that doing the speed limit entitles you to any lane you want
is very lame, and contributes to traffic congestion and accidents. Driving
courtesy would make driving more pleasant for everybody.
Gary L. Dare
: lpa...@curly.cc.emory.edu (Lloyd R. Parker) writes:
: >Most states have either the "keep right except to pass" or
: >"slower traffic keep right" rules, but they're seldom enforced.
: >Right on, Mass!
: I agree with Lloyd on this one !!
Me three ...
gld
--
~~~~~~~~~~~~~~~~~~~~~~~ Je me souviens ~~~~~~~~~~~~~~~~~~~~~~~~~~
Gary L. Dare g...@prairienet.org
"Will trade US 91 Toyota Camry for (formerly g...@columbia.edu)
good Canadian-edition car 90-91, Winnipeg/Calgary or IL/WI/MN/IN"
VIEI...@eos.bentley.edu
> I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
> lane violation." The state trooper wrote "failure to keep right" as
> the reason for the citation.
>
> qf...@cornell.edu | temporary safety deserve neither liberty nor safety. - BF
Why can't they just ticket evrybody who dawdles in the left lane?
This would be a useful way to collect ticket revenue, and actually
enourage forward motion on the highways.
Darren
Peter Van Haren
>It seems to me that the left lane is a trap for motorists. You can't
>be in the left lane except when passing, but everyone in the
>right/center lane is going at least 55, so to pass them you've got to
>be going faster than they are... one way or another, it's a violation
>and a citation if the quota needs to be filled.
>Every day, in every way, I get more and more disgusted with our
>government.
>--
> Quazi F Haque | Those that can give up essential liberty to obtain a little
>qf...@cornell.edu | temporary safety deserve neither liberty nor safety. - BF
So which is it? Quota? Racism? Reverse racism? anti-casual dress
prejudice? You probably turned a warning into a ticket with your whining,
sniveling attitude. Ever think about the possiblity that you were wrong???
David A Bonar
: >It seems to me that the left lane is a trap for motorists. You can't
: >be in the left lane except when passing, but everyone in the
: >right/center lane is going at least 55, so to pass them you've got to
: >be going faster than they are... one way or another, it's a violation
: >and a citation if the quota needs to be filled.
Excuse me? What's wrong with the cops enforcing the laws?
I dislike selective enforcement as much as anyone. But I can't really
see any reason to complain in the situation that you spelled out.
If you want to ignore the laws about use of the left lane and the
speed limit go right ahead. Just don't whine when/if the authorities
give you a ticket. If you don't like the laws spend your energy
trying to change them but while they are in force live with them.
Dave
pa...@world.std.com
Quazi F. Haque <qf...@crux3.cit.cornell.edu> wrote:
>I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
>lane violation." The state trooper wrote "failure to keep right" as
>the reason for the citation.
>
>
[story deleted]
well, u pissed off the cop and that's your punishment. i had similar
expiernce with the connecticut cop. same citation : "failure to keep right".
there's no use of going to court, you will lose because u r supposed to use
the left lane for passing only. before the cop gave you the citation, he
must have talked to others back in the station and figured out the best
safest bet to get you. if u want to contest the ticket, see if you can do a
trial by declaration and try to present a nice story to the judge. you will
have a better chance at trial by declaration because 1) cops can't write,
they will never return the court letter 2) writing give you more time to
think 3) the cop has no incentive to write, he can take a whole morning
off to go to court but what does he get for writing the statement?
remember if he liked doing homeworks back in high school, he probably
never needed to be a cop in the first place. also, if the cop makes
any mistakes in the citation, you should use that to your advantage.
good luck and try not to piss of a cop.
--
Hokkun Pang <pa...@world.std.com> * Job Wanted! U.S. Citizen! Will Travel! *
Expertise in All Aspects of Distributed Open-Systems ** Ask for Resume! **
Strategic Application Migration/Development/Re-Architecture/Re-Engineering
C, C++, COBOL, Oracle/Sybase, VB, VC++, PB, 3-Tier C/S, Unix, Windows, more!
pa...@world.std.com
Peter Van Haren <pet...@primenet.com> wrote:
>
>So which is it? Quota? Racism? Reverse racism? anti-casual dress
>prejudice? You probably turned a warning into a ticket with your whining,
>sniveling attitude. Ever think about the possiblity that you were wrong???
no shit!? if your attitude has anything to do with the ticket, that means the
ticket itself is questionable! i didn't pay the cops to be ego-maniacs, i pay
them to be crime fighters. when was the last time u see a cop running after
some criminals? in the movies?
IO2...@maine.maine.edu
blatantly, without regard for the semi that was trucking up behind him,
pulled right out. He didn't try to get up to speed and then enter. BUT,
this is not about cops. I drive, frequently in the passing lane, when
I am not passing cars, as it spreads out the cars, and eliminates me from
having to monitor the car ahead as much. If that car ahead of me suddenly
slows, I don't have to identify my escape route, I am already in it. I
can see ticketing for obstructing traffic, but.... A thought, why do people
think that they have to be in the driving lane unless they are actively
passing? We have all seen the people who do 90 and swing between lanes,
only going in the passing lane when passing a car, even though they were
only in the driving lane for a few seconds. Know what I mean?
Jon
Indian Outlaw
re-paved and is hence smoother! Anyone else have this problem? Where I
am at, the passing lane is a LOT smoother on the tires, suspension, and
hence, my rear-end!
Dennis H Lippert
>
>no shit!? if your attitude has anything to do with the ticket, that means the
>ticket itself is questionable! i didn't pay the cops to be ego-maniacs, i pay
>them to be crime fighters. when was the last time u see a cop running after
>some criminals? in the movies?
Um, you can hear it on the police radio every night if you have a
scanner. Cops *do* chase on foot, cops *do* try to do the best they
can. Not *every* cops sits in a donut shop all day (in fact, I'd bet
that *very* few do!
Secondly, I don't know that I'd like to live in a place where I
*personally see* cops chasing people every day - on foot, or in a car!
Den
--
[Disclaimer: The above article is NOT endorsed or approved by my employer]
==========================================================================
Dennis Lippert - mac...@pitt.edu - http://www.pitt.edu/~macman
Motto: "Making the computer lab a nicer place to live"
Paul-Andre Bouchard
it?
From: Adam Fila, fi...@eohsi.rutgers.edu
Date: 11 May 1995 22:32:16 -0400
In article <3ouhbg$n...@eohsi.rutgers.edu> Adam Fila,
>>not, he was quite justified in ticketing you. I wish the police here
but
>>they're seldom enforced. Right on, Mass!
>
>
>I agree with Lloyd on this one !!
>
>I am taking it back...
I am from Quebec. I drove a lot in Europe, US and the "rest of
Canada"...
From my experience US (in general, I have no idea about difference in
states) that the "keep the right lane" is never respected... most of the
time the fastest lane is the right lane. In Ontario it is the same...
It is time that this "basic driving rule" should be enforced. I don't
beleive that speed is the worst problem in driving... disciplin, orderly
and previsible behavior IS THE SOLUTION... like in Gernamy where I drove
10,000 km... like the paradise...
Stephen D'Amelio
: I got a ticket yesterday on 495 (in MA, near Franklin) for a "left
: lane violation." The state trooper wrote "failure to keep right" as
: the reason for the citation.
: Here's the story:
[crackle, pop]
: So, anyone have any advice on how I should contest it? What arguments
: might be effective? Should I bring up that I think he singled me out
: because of my car?
I recently fought and won with a hearing in MA. I too was travelling on 495
South, I passed a State cruiser (unknowingly). She was travelling in the
right lane, slowing traffic, by the time I saw her it was too late. I immedietly
pulled over and got the ticket. She stated on the citation that I was
clocked and was estimated (70mph).
I told this story in court, but refuted the fact that I was clocked (In MA
that requires a minimum of 1/4 mile). Since she previousle agreed to my
story in court, that I *immedietly* pulled over, I stated that it was
impossible to have clocked me. The magistrate ruled in my favour.
So what's my point? DON'T GO IN TO THE MAGISTRATE SNIVELING SOME SORRY ASS
STORY! He/she won't even listen to you. You *must* have a basis of an argument
in law. Something that the magistrate has to rule on as a point of the law.
Read up on the chapter and section you have been cited for, and see if you
can find a flagrant flaw. IMO this is your only hope.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Steve D'Amelio Progress Software Corp.
System Administrator Platform Engineering HP/Unix 5.4
dam...@bedford.progress.com
2.05 intake, 1.71 exhaust, 292 duration, 560 lift, 351ci, 10:1 comp. Arr,arr...
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Nathan Belo
> Adam Fila (fi...@eohsi.rutgers.edu) wrote:
> : lpa...@curly.cc.emory.edu (Lloyd R. Parker) writes:
>
> : >Most states have either the "keep right except to pass" or
> : >"slower traffic keep right" rules, but they're seldom enforced.
> : >Right on, Mass!
>
> : I agree with Lloyd on this one !!
>
> Me three ...
>
> gld
> --
> ~~~~~~~~~~~~~~~~~~~~~~~ Je me souviens ~~~~~~~~~~~~~~~~~~~~~~~~~~
> Gary L. Dare g...@prairienet.org
> "Will trade US 91 Toyota Camry for (formerly g...@columbia.edu)
> good Canadian-edition car 90-91, Winnipeg/Calgary or IL/WI/MN/IN"
>
>
-In Europe, you would've been killed and killed others. The left is only
for passing also. If you look in your rear view mirror and see someone
flashing their beams at you, you better move over or there will be a
large accident. When someone is tailing you and they use their left
blinker it means to move over politely and then when they pass they
should usee the left blinker, then right, then left to say thank you.
Me 4.
frg...@ibm.net
>
>no shit!? if your attitude has anything to do with the ticket, that means the
>ticket itself is questionable! i didn't pay the cops to be ego-maniacs, i pay
>them to be crime fighters. when was the last time u see a cop running after
>some criminals? in the movies?
>
Burger king. He's will be paralyzed from the neck down for the rest of his life.
A detective chased a a man from wendy's and was shot in the leg.
jre...@suosa.sc.intel.com
>So which is it? Quota? Racism? Reverse racism? anti-casual dress
>prejudice? You probably turned a warning into a ticket with your whining,
>sniveling attitude. Ever think about the possiblity that you were wrong???
Well, in California it's official. There IS a quota. However, it applies
to entire local jurisdictions rather than individual officers. Basically,
the state sets a dollar amount which a given city or county is supposed
to generate. If the target isn't met the state takes the shortfall out
of court funding.
John Reece
Not an Intel spokesman
David Higson
>Newsgroups: rec.autos.driving,rec.autos.misc
>Path: yama.mcc.ac.uk!sunsite.doc.ic.ac.uk!uknet!EU.net!news.sprintlink.net!uunet!world!pang
>From: pa...@world.std.com
>Subject: Re: Got a ticket for "failure to keep right"! How should I fight it?
***** Masses of tripe deleted for sake of clarity.*****
Seems like the good and upright citizens of the USA ain't so good and upright
after all. Why should you want to fight a traffic violation. If you were
caught in the wrong lane (And you knew that this was wrong) you should pay the
fine like anyone else. It sounds like a terrific hazard to me, I wouldn't want
to meet you (Or anyone else) travelling at speed.
The rules of the game are the same the world over (If you're going to break
the law, try not to get caught)
I don't agree that your State Troopers/Sherriffs Dept/Police are under
employed in attempting to stop traffic crime. Crime's crime, whichever way you
look at it. In the UK, if you were habitually driving on the wrong side of the
road you would be pulled over just the same. (You could, of course, try this
in your defence - Honest, your honour, I've just got back from Britain where
they drive on the left side all the time, a momentary transgression your
honour, won't happen again....).
Our cops are just as bad/good as anyone elses. If they're having a bad day,
they flag you down for the hell of it (*They* call it a spot safety check). If
they're really looking, they have a real talent for spotting vehicle safety
regs violations. If you get pulled over in this country, they usually book you
with several offences just to make sure that at least one sticks. The flavour
of the month is exhaust emissions but in the past I've even known people get
booked for 'Failing To Make Due Progress' (ie. going too slowly), 'Failing To
Stop at a STOP sign' (Even though there was no other traffic in the vicinity
except the cop car and the 'Villain')
Here, they have the blatant cheek to charge £120 per year (approx $160) for
the privilege of riding over crappy road surfaces. (Our 'Road Fund' Licence)
You can't have the licence unless you have adequate insurance and a Ministry
Of Transport Test certificate (This is to prove that your vehicle is
roadworthy enough to ride over the crappy road surfaces)