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Crossing a double-yellow line...should I fight this ticket?
Anonymous2 views3 answers
I was driving on a two way road devided by a double-yellow line. About 50ft in front of me, a car turned in front of me and began to back up as in a 3 point turn. Upon approaching the car, I swirved slightly to the left to ensure that they would see me coming. Upon swirving, I crossed the double-yellow lines separating the opposite lanes of traffic. I did not pass and never got closer that five feet from the car and never went more than 6 inches over the double lines. Then, an officer pulled me over and gave me a ticket for crosing the double lines and therefore breaking the law. He also said that I was going roughly 25mph in a 20mph zone. I have never been pulled over before and therefore have never recieved any warnings. I have no other offenses. Should I challenge this ticket in court?
The Judge does not have to allow you to do traffic school if you fight the ticket. However, most Judges will generally allow it (assuming you have not done traffic school in the past 2 years - which it looks like you have not).
Also, the cops almost always show up for these hearings. It tends to be difficult to win when the cop shows up, but it could be worth a shot. It depends if you feel it is worth your time.
Traffic school can be completed online, and if you sign up early enough, you will not need to go in to court at all. Some people do traffic school just to avoid the hassle of court.
I am a California attorney but i would always advise anyone to fight any traffic ticket to force the officer to come to court and testify against you. The worst that can happen is you will do traffic school.
I agree with Mr. Chase's answer. It covers all the considerations. Whether you fight it or not really is a personal decision since there are risks to any decision you make, not major risks, but risks nonetheless.
