Got a Citation, Unsafe Lane Change in NC will I get points for it?

Discussion in 'Questions From New Drivers' started by nextgentrucker, Jun 20, 2024.

  1. Moose1958

    Moose1958 Road Train Member

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    I am with one small caveat going to agree with you. That point is how the citation is written and the specific law violated. The salient rule can be found in TABLE 2 of 383.51. Once a conviction lands on your DMV a violation of ANYTHING on TABLE 2 within 3 years you will get a 60-day vacation once the violations hit the CDLIS. I would also caution to be mindful you may not get a notice of this suspension and if you get stopped at a scale or on the side of the road driving a CDL-required CMV with a suspended CDL you are going to lose your CDL for an additional year. Check out TABLE 1 7th line!
     
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  2. roundhouse

    roundhouse Road Train Member

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    Ya think ??

    I was gonna say I’ve never seen cops issues a unsafe or improper lane change ticket unless it involved a collision with another vehicle that was in the other lane


    That said .
    In my state and I assume a lot of states , maybe all , this ticket is not like a speeding ticket .

    With a speeding ticket the officer WITNESSED IT .

    with an accident the officer didn’t witness it and can’t testify in court because he didn’t see it .

    the driver of the other vehicle is the only one that can testify .

    If you go to court and the other driver doesn’t appear , almost every time the judge will dismiss the case because you are there to tell your side of the story but the other driver is not there to tell their side . So the case gets dismissed .

    if your insurance has already paid the other driver for the damage they will not show up in court .

    they might not show up in court even if they haven’t been paid .

    As mentioned , get a lawyer to handle this .

    if the other driver doesn’t show up In court , the case will be dismissed .
     
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  3. TripleSix

    TripleSix God of Roads

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    You had the right of way. The line of cars coming down the ramp would either have to figure out how to merge onto the highway or slam on the brakes. I understand what you were doing, but some times, you can’t.

    That truck may or may not have seen your signal, but that’s irrelevant. He’s not obligated to let you over.

    So, you got knocked down. Big time knockdown. One more and you’re out. What do you do now? Stay down? Or do you get back in the game and figure out how to get through those sudden bottlenecks?
     
    Last edited: Jun 23, 2024
  4. nextgentrucker

    nextgentrucker Road Train Member

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    Yeah, but it's already too late, I made the mistake of paying it.
     
  5. nextgentrucker

    nextgentrucker Road Train Member

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    I get what you're saying, it was like 5-6 cars at least that was coming in the highway, the main reason why I tried to move over was because one of the cars was already merging over to my lane right of me, the irony right lol, but yeah, in a serious note, I'm gonna be extra cautious, and next time slow down or change lane sooner when going through an entrance ramp.
     
  6. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Try Roadlaw.net. They have had success in re-opening cases and getting the final outcome adjusted. Give them a call and talk to them. Nothing to lose by calling.
     
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  7. broke down plumber

    broke down plumber Road Train Member

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    stick your head out of the window and use facial expressions , not sure how to communicate a lane chane tho .
     
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  8. snicrep

    snicrep Road Train Member

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    I live near the southern border. ALOT of people here don't bother with turn signals. It's a pet peeve of mine. I've even seen cops hanging a turn without indicating.
    There was a spoof "news piece" on Facebook where they said " not many people know what this lever on the steering column does".
     
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  9. roundhouse

    roundhouse Road Train Member

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    Meh

    it’s not the end of the world

    just be careful and don’t get into anymore accidents and don’t get any tickets

    just drive like a cop is behind you all the time .
     
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  10. Moose1958

    Moose1958 Road Train Member

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    I want to get a point across. A US citizen has the absolute right to a trial if they have been charged and be represented by an Attorney during the process. I would never discourage these actions. I do however want to point something out that is critical to understand. Almost all Attorneys hired by Truckers or Attorneys who are part of a legal plan work by getting a moving violation downgraded to a non-moving charge. If they are unable to get this done the only option available is to go to trial. Going to trial away from home can get expensive EVEN if your legal costs are covered by a legal plan. A now-retired driver I know went through this in Indiana a while back. He told me he had to make 2 trips back to Indiana. Between lost pay travel costs and hotel bills he was out over $1500 and still was found guilty and had to pay the fine. I bring this up because the FMCSA is cracking down on states that violate 384.226. States that don't put a stop to this masking can lose money. The nasty thing about 384.226 is violations in your POV also count. One thing I heard recently was the FMCSA was going to create a database where state cops could enter the violation when it happens and track the case as it moves through the process. Don't laugh! I remember back in the late 1990s hearing a FMCSA auditor working out of the FMCSA Southern Office talking about what is now the Clearinghouse. The FMCSA also created the Medical Examiner system because of fraud and the FMCSA wanting tighter control.




    I think this comment covers how to be when driving ANY type of vehicle.


    while holding a CDL.
     
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