Question:
Thursday 4:30 pm downtown Atlanta. Just got finished with a delivery...headed back to I 85 nb. I had to make a tight right hand turn to miss a lightpole on the corner. The opposing traffic (left turning lane) backed up to let me make my swing. A lady in the opposing straight lane, even though she wasnt in the way , started backing up until she hit my left steer wheel. I believe she seen the corner of the trailer coming around and it spooked her. In the meantime, I completely stopped because she was backing at an angle toward me and not straight back. Her Lincoln Navigator bumped into me and she abruptly threw it into drive ripping her bumper loose. She moved her SUV to an adjacent lot as the policemen asked me to do also, but took a couple of pics before I moved the car. She kept apologizing to me in front of the policeman saying that she was just trying to give me some room. I told her that she was fine where she originally was and that my car sustained no damage. Even though she backed into me, I recieved a ticket for "Failure to maintain lane" even though I was not in her lane...but out of mine. According to the policeman, by me swinging out of my lane thru the insection to make the turn justified being charged. I definitely was not in a car restricted area and have made many wide swings to make a turn. Now I have a mandatory court date in Atlanta the 1st week of september because it was an accident. I have not had a chance to call an attorney to see if maybe they could do their deal without me having to be there. How much weight does this charge carry? Just trying to figure if its worth pleading not guilty and paying the fine. I just don't want to have to go to court several times to get this straightened out.I wished that Atlanta was closer but am glad that its just 300 miles away instead of 1000 miles away. Still bites either way. Gotta find a good attorney in atlanta...any recomendations?
It definitely was a pretty tight turn...wished I could have clicked more shots off before I was made to move.

Answer:

Man deja-vu, seems the more things change the more they remain the same.
I used to make local deliveries for Weather Shield Transportation to Littleton, CO. One stop was a tight alley that required several multiple lane turns to avoid running over street lights and fire hydrants.
I was traveling westbound on Main Street, well just before Main Street insects with Hwy 85 the one-way road does a nasty "S-turn." So I always took the left two lanes just before the "S-turn" in hopes that traffic had a clue.
A lady from Wyoming in a big hurry saw the trailer go right and shot for the hole. Unfortunately when the trailer came left it caught her car between my trailer duals and the curb. I was going relatively slow and caught the movement out of the corner of my eyes and stopped before I totaled her car. However, there was a nice black racing stripe from my trailer tires on the right side of the car and her left front tire popped when it hit the curb.
Officer arrives on the scene, the lady is crying, and some witness claimed I change lanes without signaling. After I offered the officer my side I was writen a ticket for failure to maintain a single lane.
I looked at the officer and said: "So you expect me to take the "S- turn" in a 70' tractor trailer using one lane?"
I believe the officer was infatuated with the lady in the car and the crying hit his soft spot.
I spoke with Weather Shield's insurance carrier and it was decided they would not pay the claim due to the nature of the accident. I of course had to go to court for the failure to maintain a single lane.
In Colorado you have a court date to submit your plea, if you enter a not guilty plea a second court date is set for a jury trial.
When I appeared before the judge there was a civil law suit on the judge's desk. Once I explained the insurance company wasn't paying the judge tossed the civil suit. I had a clear MVR and the judge offered me the opportunity to go to traffic school and have the citation purged from my file. However, I first had to enter a guilty plea. Once I completed traffic school the citation would go away.
I informed the judge that due to the pending civil action I would appreciate the opportunity to consult with the insurance company as the guilty plea would have an impact on the civil case.
The judge stated she understood and gave me until close of business to phone in my plea to the assistance DA. After I spoke with the insurance company and explained what was going on the insurance company stated the guilty plea woudl be OK due to the purging of the citaion from my MVR.
Of course in today's society and the sue happy nature of everyone, you may want to consult an attorney.
Best of luck.

Answer:

You definately need to fight the violation. THe first problem is how Georgia will report the failure to maintain lane violation back to your home state. It could end up being listed as a lane change violation and go down as a serious CDL citation. Two serious violations in three years and your CDL license will be suspended. The three years includes any tickets received in your personal vehicle.
The other problem is this will go on your MVR as an at fault accident. Your company could also enter it as a preventable accident on your DAC report.
The officer can only testify as to what he actually observed. It is unlikely that the other driver will show for court so you have an excellent chance of having the ticket dismissed if you retain an attorney. The Pre-Paid Legal CDL attorney in Atlanta is excellent. You can sign up for the plan online and then they will handle the ticket for $200.
One of our drivers had an almost similar accident. He had to show for court but the attorney went straight to the judge and it was dismissed. Then he wrote a letter to the DMV and it was changed to a not at fault accident.
Once you get the ticket dismissed be sure that your company also lists it as a non preventable.

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Thank you...Thank you...Thank you. You were exactly right about costing $200. I was a member of PPL 4 yrs ago and never had to use it so I dropped it. It sure beats renting a car and having to go down there.. Thanks again...Jay

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Being "tried in abscence" and being represented by a PPL retained local attourney is not a sure thing by any means. In our local courts, it results in an attorney coming in and asking the officer a couple questions in front of the judge (make that "maybe, or maybe not" ... even a couple ... if they had already asked them prior to court and have heard the answers), then "submitting" it, taking note of the fine imposed, and then they leave. PPL cases are the shortest type of contested cases I see, regularly. Only the officer may present any testimony as they were the only one present when the defendant doesn't show.
The lawyer will then send the driver a notice of the finding and they collect thier set fee.
The court also sends the driver a notice of the hearing, and a bill with a stipulation that if not paid in 10 days, operating priveledges will be suspended for non paymant of fines.
Sometimes, when a driver learns that they didn't get a dismissal, they will call the attourney and raise cain and then the attourney will set up an appeal to circuit court, and will then collect a larger fee from the driver (appeals aren't covered by PPL I am told) direct and sometimes ... just sometimes ... the driver actually appears in circuit court and the case is heard again. Often though, the atty shows up and the driver is never seen and it's very brief, except now the court costs are higher and often the fine as well, and sometimes a suspension is added if applicable as "the court" usually takes a dim view of people wasting it's time with appeals so frivilous that they don't even bother to show up to present evidence on thier own behalf.
My conviction rate has been between 97 - 100% ... steadily for my whole career. My fellow officers have simular records. We don't get paid by a conviction rate, but it is one of many things that statistics and records (generated by weekly reports) allow us to plot.
There are several reasons for that ...
most noteably ... I don't charge anyone but the guilty ,
... of those that I do charge, maybe 5 - 8% actually show up for any trial ,
... of those "8 or 5 out of a hundred", several come only because they read the part about having to appear because it was a reckless driving charge or they want to plead that a conviction would unfaily cause a raise in insurance rates,
... and maybe 1 or 2 out of a hundred actually gets a "dismissed" or a "complied with law" finding. More often are the redections from (see § 46.2-852 through 864) to (which I usually know are going to happen when I write the summons, but which I must use the reckless charge as the improper driving is a section that only the court may use when culpability is slight).
That includes the PPL cases because they rarely show. I didn't post this to cast PPL in a bad light ...
... I did it to let all know that it's "just another roll of the dice" and that if the results of any trial are truly important to you ...
... then show up in court at the "get go".

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The case was dismissed last Thursday.