"Sped up to avoid crash" work in TBD?

ni8shadow · 05-08-2010, 03:27 AM

Would a "needed to speed up to avoid dangerous situation" defense work in this situation?

I'm in the carpool lane, truck to my right (he's about half a car in front) and guy to the rear. Up ahead is a hill. As we are climbing the truck to my right starts to move, for one reason or another, INTO my lane! If I hit the brakes, I get rear ended, if I move left, I hit the divider wall, if I move right, I ram the truck, so I speed up and pass the truck. After I pass the truck I just pass the crest of the hill, where a CHP is waiting ahead and he gets me for going over 65mph.

The CHP was position after the crest of the hill so he would not have seen the situation as it unfolded, and besides, he was facing forward. The only thing he would have seen is my speeding over the crest.

Would this warrant a dismissal or "not guilty" in a Trial by declaration? I'd write it a lot better than that of course

armorrig · 05-08-2010, 03:35 AM

It might work if you do it by "Trial by Declaration."

RUS0628 · 05-08-2010, 03:42 AM

good luck but cops these days are in need for money. I would plea not guilty.

ni8shadow · 05-08-2010, 03:56 AM

Yeah I'm planning on pleading not guilty then req. Trial by Written Declaration. I'll probably include a diagram of the hill, the CHP position and where I had to punch it.

armorrig · 05-08-2010, 04:00 AM

Write as much as you can. Sometimes they get lazy going thru it and might just let you off.

VTECaddict · 05-08-2010, 05:14 AM

If you had time to accelerate past the truck and not get hit, then a crash wasn't really imminent (not a panic brake situation) and you could have just as easily let off the gas or even lightly tap the brake and let him into the lane. Accelerating to get in front of the truck would have been at least 1.5 car lengths, versus slowing down just half a car length to get out of the truck's way. Braking is always faster than accelerating, not to mention you were going uphill too.

You have a really weak argument IMO, but you have nothing to lose by giving it a shot.

ni8shadow · 05-08-2010, 02:05 PM

There was a car following me about 1 to 1 1/2 lengths. Going up hill and braking hard eough to let the truck in may have caused a dangerous situation behind me. Braking while going up hill slows you down a lot more suddenly than on a level surface. But yeah I'm mostly betting on the chp not turning his statement on time.

ni8shadow · 05-08-2010, 02:15 PM

Edited:double reply

RambleJ · 05-10-2010, 11:38 AM

You forgot your other option.. You could have used that thing that is implanted into your steering wheel that makes a really loud honking sound to notify the truck driver that he was swaying into your lane. Sorry but unless the cop fails to reply you might not have a solid case.

kgb1637 · 05-10-2010, 12:04 PM

Like they said, it really seems like it woulda been easier to let off the gas, lay on the horn.

Shadowstyle · 05-11-2010, 02:56 PM

Quote:

Originally Posted by ni8shadow

There was a car following me about 1 to 1 1/2 lengths. Going up hill and braking hard eough to let the truck in may have caused a dangerous situation behind me. Braking while going up hill slows you down a lot more suddenly than on a level surface. But yeah I'm mostly betting on the chp not turning his statement on time.

I think its also a weak argument and you have a better chance at the cop not showing up than winning with that argument. I know its a dangerous situation but like the other person said, coulda honked, or slowed down, combination of both. If you get rear ended, then that would be the other person's fault for following too closely. Also, you never know if that truck woulda merged faster, and if you didn't pass him in time, he coulda spun you out causing a much more dangerous situation than getting rear ended.

ni8shadow · 05-12-2010, 02:11 AM

Should I req an extension in hopes of the chp not showing up or do the trial by declar. and hope the chp doesn't turn in his paper on time?
Or can I do trial by declar, and if I lose, have a trial de novo but then extend that date till later (can u do that?).

Bighorns · 05-17-2010, 12:08 AM

http://www.highwayrobbery.net/redlig...cket.htm#Fakes

michaelthepsycho · 05-17-2010, 12:28 AM

I think that since you have so much of the terminology down, you should be prudent enough to do your own argument and not care about others. It's not like we were in your car. Make every effort to get the case dismissed. If not, just pay up. You're driving a BMW for God's sake.
There's always traffic school as well...

21729 · 05-17-2010, 03:06 AM

get a RD. i got so many tickets that DMV sent me a license suspension warning. so i got a RD and never got a ticket since.

mechanixhorseman · 05-17-2010, 09:29 PM

Quote:

Originally Posted by michaelthepsycho

I think that since you have so much of the terminology down, you should be prudent enough to do your own argument and not care about others. It's not like we were in your car. Make every effort to get the case dismissed. If not, just pay up. You're driving a BMW for God's sake.
There's always traffic school as well...

I love the "You're driving a BMW therefore you're rich" argument. I paid less for my slightly used, loaded, 07 E92 Coupe, than my buddy did for his brand new Ford Fusion. Just because you're driving a bimmer doesn't mean you like to throw hard earned money away. That's not to say I'm applying that to OP's situation though.

05-08-2010, 03:27 AM	#1
ni8shadow First Lieutenant 49 Rep 363 Posts Drives: e90 328i 6MT Join Date: Sep 2008 Location: Canyon Country iTrader: (2)	"Sped up to avoid crash" work in TBD? Would a "needed to speed up to avoid dangerous situation" defense work in this situation? I'm in the carpool lane, truck to my right (he's about half a car in front) and guy to the rear. Up ahead is a hill. As we are climbing the truck to my right starts to move, for one reason or another, INTO my lane! If I hit the brakes, I get rear ended, if I move left, I hit the divider wall, if I move right, I ram the truck, so I speed up and pass the truck. After I pass the truck I just pass the crest of the hill, where a CHP is waiting ahead and he gets me for going over 65mph. The CHP was position after the crest of the hill so he would not have seen the situation as it unfolded, and besides, he was facing forward. The only thing he would have seen is my speeding over the crest. Would this warrant a dismissal or "not guilty" in a Trial by declaration? I'd write it a lot better than that of course
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05-08-2010, 03:35 AM	#2
armorrig Brigadier General 77 Rep 3,268 Posts Drives: Tamiya Join Date: Feb 2010 Location: So.Cal. iTrader: (2)	It might work if you do it by "Trial by Declaration." __________________
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05-08-2010, 03:42 AM	#3
RUS0628 First Lieutenant 14 Rep 312 Posts Drives: e92 335 Join Date: Sep 2009 Location: SF Bay Area iTrader: (3)	good luck but cops these days are in need for money. I would plea not guilty. __________________ BSM e92 335i JB3\|5% Tint\|Matte Grills\|H&R Sport\|230's
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05-08-2010, 03:56 AM	#4
ni8shadow First Lieutenant 49 Rep 363 Posts Drives: e90 328i 6MT Join Date: Sep 2008 Location: Canyon Country iTrader: (2)	Yeah I'm planning on pleading not guilty then req. Trial by Written Declaration. I'll probably include a diagram of the hill, the CHP position and where I had to punch it.
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05-08-2010, 04:00 AM	#5
armorrig Brigadier General 77 Rep 3,268 Posts Drives: Tamiya Join Date: Feb 2010 Location: So.Cal. iTrader: (2)	Write as much as you can. Sometimes they get lazy going thru it and might just let you off. __________________
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05-08-2010, 05:14 AM	#6
VTECaddict Where'd my VTEC go? 487 Rep 6,066 Posts Drives: 06 330i 6MT Join Date: Mar 2009 Location: Seattle, WA iTrader: (4)	If you had time to accelerate past the truck and not get hit, then a crash wasn't really imminent (not a panic brake situation) and you could have just as easily let off the gas or even lightly tap the brake and let him into the lane. Accelerating to get in front of the truck would have been at least 1.5 car lengths, versus slowing down just half a car length to get out of the truck's way. Braking is always faster than accelerating, not to mention you were going uphill too. You have a really weak argument IMO, but you have nothing to lose by giving it a shot. __________________ AW/Terra \| ZSP \| ZPP \| ZCW \| iDrive \| CA Mods: BC BR coilovers \| Blacklines \| M-tech rear \| dual exhaust \| M3 steering wheel \| BMW SSK \| ZHP shift knob \| High-kick CF spoiler \| NBT Retrofit M3 front control arms \| M3 rear guide rods \| Manzo rear toe and camber links \| Monroe rear shock mounts \| Varrstoen ES1 19x9.5+20 Front, 19x11+25 rear
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05-08-2010, 02:05 PM	#7
ni8shadow First Lieutenant 49 Rep 363 Posts Drives: e90 328i 6MT Join Date: Sep 2008 Location: Canyon Country iTrader: (2)	There was a car following me about 1 to 1 1/2 lengths. Going up hill and braking hard eough to let the truck in may have caused a dangerous situation behind me. Braking while going up hill slows you down a lot more suddenly than on a level surface. But yeah I'm mostly betting on the chp not turning his statement on time.
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05-08-2010, 02:15 PM	#8
ni8shadow First Lieutenant 49 Rep 363 Posts Drives: e90 328i 6MT Join Date: Sep 2008 Location: Canyon Country iTrader: (2)	Edited:double reply
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05-10-2010, 11:38 AM	#9
RambleJ Colonel 60 Rep 2,014 Posts Drives: F10 535i M-sport Join Date: Oct 2008 Location: Back in teh so cal iTrader: (2)	You forgot your other option.. You could have used that thing that is implanted into your steering wheel that makes a really loud honking sound to notify the truck driver that he was swaying into your lane. Sorry but unless the cop fails to reply you might not have a solid case.
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05-10-2010, 12:04 PM	#10
kgb1637 Lieutenant Colonel 21 Rep 1,519 Posts Drives: RS5 Join Date: Sep 2008 Location: Baltimore, MD iTrader: (0)	Like they said, it really seems like it woulda been easier to let off the gas, lay on the horn. __________________ Retired - '08 E90 335i Sparkling Graphite/Gray Dakota Leather, ZSP, ZCW, ZPP, Navi, ipod, Sat
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05-12-2010, 02:11 AM	#12
ni8shadow First Lieutenant 49 Rep 363 Posts Drives: e90 328i 6MT Join Date: Sep 2008 Location: Canyon Country iTrader: (2)	Should I req an extension in hopes of the chp not showing up or do the trial by declar. and hope the chp doesn't turn in his paper on time? Or can I do trial by declar, and if I lose, have a trial de novo but then extend that date till later (can u do that?).
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05-17-2010, 12:08 AM	#13
Bighorns bimmer newb 15 Rep 334 Posts Drives: 2010 335i M-Sport Join Date: Nov 2009 Location: Hi Dez CA iTrader: (0)	http://www.highwayrobbery.net/redlig...cket.htm#Fakes
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05-17-2010, 12:28 AM	#14
michaelthepsycho Lieutenant Colonel 81 Rep 1,644 Posts Drives: 11 Montego Blue E90 335i Step Join Date: May 2009 Location: CA iTrader: (4)	I think that since you have so much of the terminology down, you should be prudent enough to do your own argument and not care about others. It's not like we were in your car. Make every effort to get the case dismissed. If not, just pay up. You're driving a BMW for God's sake. There's always traffic school as well... __________________ Former car 2011 BMW 335i Step - Montego Blue / Chestnut Brown
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05-17-2010, 03:06 AM	#15
21729 Private 10 Rep 71 Posts Drives: E90 Join Date: Jul 2009 Location: IE iTrader: (0)	get a RD. i got so many tickets that DMV sent me a license suspension warning. so i got a RD and never got a ticket since. __________________ 2008 E90 JET BLACK 328i
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