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erratic or improper lane change???

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#1 diverdown


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Posted 25 March 2010 - 03:00 PM

how can one state (wyoming) give you a ticket for "failure to maintain a single lane" and it not be a "major" violation, but when my home state (georgia) gets the info they call it an "improper or erratic lane change" which is a major violation and considered reckless driving? You see, i'm a CDL holder and drive a tractor trailer for a living. i was involved in a non injury, minimal damage accident in wyoming last year. it was a totally weather related accident and in my opinion, i was doing nothing wrong to cause the accident. i was travelling westbound on I-80 driving at 55mph in a 75mph zone. it was a clear day. the roads were clear. there was snow on the median and shoulders of the road. the wind was blowing between 40 to 45 mph gusting to 50. it was blowing the snow across the road at ground level, almost like a veilbut not enough to obscure sight of the road. while travelling, i had passed a few vehicles and likewise was passed also with no problems. at the point before the accident i  was ascending a slight grade in a completly straight line (no curve) . i came up behind a tractor trailer that had slowed up because of one in front of him going slow. i initiated a lane change, which i executed with no problems. i was completly in the (changed) lane and was beginning to increase speed to execute the pass. all of a sudden i felt the truck sliding toward the truck i was trying to pass. apparently i had rolled across a slick spot in the road at the same time a gust of wind pushed me in that direction. every attempt at correcting the situation was futile as i ended up striking the rear corner of the tractor trailer i was trying to overtake. we both came to a safe stop on the shoulder and soon after the highway patrol arrived at the scene. i was issued the ticket for 'failing to maintain a single lane". the officer stated that it wasnt a major ticket, that the fine was only $50. he said that in wyoming, "they had to issue someone a ticket in an accident" or something to that effect. well, under the advice of the vice president of the company i work for, told me not to fight the ticket because " he thought that i could have recieved a worse ticket" like, travelling too fast for conditions or whatever. buy i explained to him that i was doing 20mph ander the posted speed limit, going uphill and in a straight line. well to make a long story short, yes, i know i should have went to court or been represented to fight it, but i went ahead and paid the $50 thinking about what the officer said about it not being a "major" violation and figured it would only be like a one pointer off my license. well a month later, i get a notice in the mail telling me that my CDL was being disqualified for 60 days. according to georgia, the code was the same as "improper or erratic lane change". it was dq'd because that gave me a second major violation, i received a speeding ticket a year prior for 21 mph over. but anyway, without getting into too much detail right now, i was unable to appeal the disqualification. my thing is, if the officer had given me a ticket for "improper or erratic lane change" i would've fought tooth and nail to get back to wyoming to fight the ticket. i just dont understand how you can get a ticket in one state for something that you think is not a big deal and then another state makes a bigger issue out of it. i mean thats like getting a ticket for doing 5mph over the limit, and they wanna call it 15mph over or something of the sort.

#2 FindLaw_Sarah


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Posted 30 March 2010 - 06:28 AM

Have you exchanged any written correspondence with the Georgia Department of Motor Vehicles? Does this Department have any type of review process of individual cases? Did anyone explain to you how the Wyoming ticket conversion worked? This department should have policies they must follow when a ticket originates from another state. Make sure you document all your correspondence with the department. Hopefully, you can find someone helpful within the organization. The links below should take you to some helpful resources. Good luck.

#3 wildflower76


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Posted 27 July 2010 - 02:18 AM

I was searching online for my husband and found your post. He has had the same thing happen....a speeding ticket and failure to maintain lane that was converted to improper/erratic lane change in Georgia. The cop also told him that he should be fine and was giving him failure to maintain lane becasue it was the least amount of points on a license! He is disqualified for 60 days. My question is...what was done about this when you appealed? We are about to appeal and wanted some advice.

Thank you


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