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Old 06-14-2007, 02:38 PM   #1
Alaskan_awd
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Default Going to court tomorrow.

Hey guys, I am taking an accident to court and I will be questioning the other party involved. I need some info. Does any one have an idea of where I can find the average time between blinks of a car blinker, about once every second or 1.5 seconds maybe? I also need to figure out some time/distance/rate stuff. Do you guys have any tips, never been to court before.
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Old 06-14-2007, 02:45 PM   #2
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I'd say one blink ever second is about average. Unless the vehicle is in need of repair and theres problems with the electrical system or relays.

Heres a good site with some formula information for distance, rate, and speed.
http://mathforum.org/dr.math/faq/faq.distance.html
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Old 06-14-2007, 02:52 PM   #3
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Call a dealership that sells the make of vehicle you were involved with in the accident and ask them for some information? I think most cars are all set to the same standard but you may want to be specific.
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Old 06-14-2007, 03:04 PM   #4
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do as much research as possible. you will also need to present where you got your information, not just off "forums" i doubt they'd consider that reliable information. good luck!
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Old 06-14-2007, 08:53 PM   #5
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Not to try and get too many specifics out of you but what kind of accident was this? And what are you trying to prove/disprove?
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Old 06-14-2007, 11:36 PM   #6
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2 lane road, 55mph speed limit, 1+ mile long straight away. 2 cars in front of me the one in the very front was going ~35, for a long way, there wasn’t a single car in the oncoming lane so I signal to pass, I pass the first car and am about to pass the leading car, they flip their blinker on at the last second and make a left had turn pulling in front of me I swerved back into the right hand lane and only damaged the other cars bumper.

I got the ticket because I was passing and I assume all liability (according to the officer). I was not speeding or anything. The first car that I passed just kept going, didn’t stop or anything and I wasn’t able to get a license plate number. Of course, the person that turned said they had their blinker on for a while. This is my first accident and I have never gotten a ticket for any kind of a moving violation.
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Old 06-15-2007, 12:35 AM   #7
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Isn't it against the law to pass more than one car at a time?
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Old 06-15-2007, 01:04 AM   #8
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Quote:
Originally Posted by AKOBS View Post
Isn't it against the law to pass more than one car at a time?
I've looked and I can not find a State or Municipal code that says this.
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Old 06-15-2007, 01:14 AM   #9
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ya, sorry, but i think you are going to lose. you were passing and because you were, you have to yield to all vehicles. it's the risk you take to pass. *shrug* trust me, i know all about passing illegally.

but really, a good friend of mine had the same thing happen to him. but he was the one turning left and the girl went to pass him and t-boned him. officer gave her the ticket because she was passing him and it was in fact her fault. it was right outside my house because he was turning around to park. we all saw it.
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Old 06-15-2007, 01:17 AM   #10
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I am basing my case on 13 AAC 02.065(a) - Failure to Yield to an Overtaking Vehicle. I probably will lose because I can't prove she did not have her blinker on for the required distance before the turn, but every one I talked to said its worth a shot taking it to court and if I do not win I might be able to get the fine dropped or take the defensive driving course to remove the points (it was only 2 points though).
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Old 06-15-2007, 01:24 AM   #11
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sure, but you usually have to state that in your response to the ticket. you can always ask the judge. I took the driving course to take the 2 pts off my record for last year's "illegal passing at high rate of speed" ticket. but it still shows up on your record. and really, i enjoyed the course, it was quite interesting.
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Old 06-15-2007, 01:52 AM   #12
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This law, 02.065. How long has this been around? I think some people in this city know this law because of what I have had happen to me. I was in the far right lane, about 1.5 car lengths away from car in front of me. I was accelerating up to speed as was the car in front of me. This car in the left lane turned on the blinker once and started merging into my lane while my front bumper was even with the middle of his car. I honked, (meaning I notice his intention I suppose) and he proceded to merge anyways even after a good blaring, I had to then hit my brakes and mess up flow of traffic behind me. Of course I do this because I am a good driver. If an accident were to happen, would I be at fault? Or would he because he did not have enough clearance to overtake me? (which is about 2 car lengths on the highway).
I swear, these hella horns are loud, but it more eggs people on rather than deter them from slamming into you without heed.
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Old 06-15-2007, 02:04 AM   #13
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were you in YOUR lane? if you were, you would be in the right. if you were passing in oncoming traffic, it's a different story.
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Old 06-15-2007, 03:00 AM   #14
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Quote:
Originally Posted by Firestrike View Post
This law, 02.065. How long has this been around? I think some people in this city know this law because of what I have had happen to me. I was in the far right lane, about 1.5 car lengths away from car in front of me. I was accelerating up to speed as was the car in front of me. This car in the left lane turned on the blinker once and started merging into my lane while my front bumper was even with the middle of his car. I honked, (meaning I notice his intention I suppose) and he proceded to merge anyways even after a good blaring, I had to then hit my brakes and mess up flow of traffic behind me. Of course I do this because I am a good driver. If an accident were to happen, would I be at fault? Or would he because he did not have enough clearance to overtake me? (which is about 2 car lengths on the highway).
I swear, these hella horns are loud, but it more eggs people on rather than deter them from slamming into you without heed.

He can not move over without proper clearance, it would have been his fault.

If you guys ever need to look up laws.

http://www.state.ak.us/courts/aklegal.htm#traffic if it is a State code

http://www.municode.com/Resources/ga...id=12717&sid=2 for Municipal Codes
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Old 06-15-2007, 12:43 PM   #15
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Good luck with the case. I have seen things go both ways in court. If you can find anything in the books (law) that can either dispute or refute what the citation was, you certainly have a chance. And besides, its your RIGHT to have a court hearing. There is the possibility that the cop will be out camping anyway, you win by default!
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Old 06-15-2007, 02:55 PM   #16
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So wait, which car did you hit? The turning car or the car behind it?

If you hit the turning car he is at fault. You had possion of that lane, whether or not he had his blinker. He needs to yeild to you just the same as oncoming traffic.

If you hit the car behind the turning car, then you'll be at fault for swerving back into the right lane.

9.16.030 Rules for overtaking on the left

Anchorage Municipal Charter Code and Regulations\Chapter 9.16\

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules stated in this section:

A. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

B. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Last edited by kyleblix; 06-15-2007 at 03:00 PM.
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Old 06-15-2007, 03:00 PM   #17
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but he was passing in on coming traffic, so would that still be true?
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Old 06-15-2007, 03:02 PM   #18
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As long as it was a legal passing zone and he had clear room to pass it would
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Old 06-15-2007, 03:02 PM   #19
Mavrik
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well the argument will be that the car you passed was blocking your ability to see the car in front of it with its signals on. This could also suggest why the car you passed as going so slow... he slowed because of the car preparing to turn in front of him. You passing both when one was attempting to turn does put you in the wrong if that is infact what happened. And since the first car you passed did not stick around to give their side of the story, its your word against the other driver. Not to try and make you less hopefull but I doubt you'll win this one.
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Old 06-15-2007, 03:07 PM   #20
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The center line in the road, was it spaced or was it a solid line when you were making your pass?
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Old 06-15-2007, 03:08 PM   #21
kyleblix
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Quote:
Originally Posted by Firestrike View Post
The center line in the road, was it spaced or was it a solid line when you were making your pass?
Thats the Key. If it was a legal passing lane then you had the right of way and the turning vehicle needed to yeild to you.
Did you Honk? Thats another key.

Last edited by kyleblix; 06-15-2007 at 03:19 PM.
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Old 06-15-2007, 03:09 PM   #22
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I'm kinda with mavrik here. I think the "passing 2 cars at once" thing is where it all went wrong. Passing a car that's trying to turn left isn't anything I'd expect would work in your favor.

Best of luck.
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Old 06-15-2007, 03:15 PM   #23
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Well, since the second car didn't hang out to testify, that means in court, there was no second car involved unless you have proof.

Let me reword that. Do not mention that there was a second car.
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Old 06-15-2007, 03:20 PM   #24
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double post
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Old 06-15-2007, 03:23 PM   #25
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It's going to be a tough one snce you were already cited. Good luck to you.

Just remember, that turning car has to look both way before turning. And I hope honked

Quote:
Originally Posted by kyleblix View Post
B. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of his vehicle until completely passed by the overtaking vehicle.
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