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9/22/2017 12:11:25 AM
Posted: 9/25/2005 9:15:34 AM EDT
As stated in a previous post, I was involved in an auto accident this past Friday. Someone pulled in front of me as I was going past them, and I was cited for ACDA. When the cops showed up they said that because there were no witnesses to the accident, it was my word against the other guys and he said he didn't remember changing lanes, and because I had frontal damage and the other guy had rear damage, they had to cite me for ACDA. After this occured, my insurance company contacted both of us for recorded statements, and I found out the other guy told my insurance company that he did pull into the lane in front of me but didn't see me. The insurance company is still faulting me for ACDA as well.

My question is where I can find the definition for ACDA, and where I can find the CTC publication for 2133.03 (A). I am seriously considering taking this to traffic court, because from what I've read, ACDA is related to the point in time, ensuring there is nothing ahead of you that you couldn't keep from hitting at your speed for the current road conditions. If someone pulls directly in front of you, it seems you can't be held responsible for ACDA, as a prudent person is not expected to be able to read someone elses mind in that situation, and the other driver should be cited for changing lanes without assuring they are clear or something along that line. Being able to see what the Ohio laws say will determine whether I pursue this at all.

Hopefully my insurance company will release a transcript of the other drivers statement to me, because that should demonstrate that he had lied to the cops. I think that, plus pictures of the damage to my car showing how the vehicles impacted, should be enough to have the ACDA ticket thrown out.

The only other thing was that this occured in the shoulder lane, which the cop told me was considered an illegal lane. Going east on Polaris Pkwy at S. Old State Rd, when the light is red and traffic backs up, it's routine in the morning for people turning right (South) to put on the turn signal, ease into the shoulder lane (which is as wide as the shoulder lane in the opposite direction, that has a designated turn lane marked), and drive down to the light and turn. This is what I was doing, and what the other driver told my insurance company he was doing. I know the cop told me that if I take this to traffic court the judge would not only find against me on the ACDA, but he could also fine me for being in that lane. I'm not saying that I wasn't wrong for driving in that lane at this point, but what does that do to this?

Thanks for any help you can give me on this.
Link Posted: 9/25/2005 9:30:08 AM EDT
As a followup question, the officer put the wrong license number on my ticket; he actually put the other vehicles plate numbers instead of mine. Does that make my life any easier?
Link Posted: 9/25/2005 3:45:36 PM EDT

Originally Posted By Fallschirmjager:
I know the cop told me that if I take this to traffic court the judge would not only find against me on the ACDA, but he could also fine me for being in that lane. I'm not saying that I wasn't wrong for driving in that lane at this point, but what does that do to this?

Thanks for any help you can give me on this.



As I'm not a road cop all I can address is the judge statement. Wouldn't the cop and/or prosecutor have to file the aditional charges before the judge found you guilty of driving on the shoulder?

One question- would accident reconstruction be a benefit to this situation? Probably too costly...
Link Posted: 9/25/2005 4:59:14 PM EDT
Here is the ORC section for ACDA.


§ 4511.21. Speed limits.

(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.

As I recall there is one exception to ACDA in case law and that is if another vehicle takes away your assured clear distance ahead and the accident happens immediately after the other vehicle takes your ACDA away you are not at fault. I can not find it on the net but send me an e-mail (NOT A PM) and I will see if I can find the case when I go back to work in a couple days.

So far as the typos on the ticket go they are not going to help you directly. A clever attorney may be able to paint the picture that the cop was having a bad day though and perhaps used poor judgment in your case. The cop almost threatening you that you could be charged with something else if you contest the ticket is BS. He may know he has a weak case and is trying to intimidate you. I would take it to court remember all you need is reasonable doubt.

HTH #93
Link Posted: 9/26/2005 12:35:12 AM EDT
The judge can not fine you with an additional fee, if you are not charged with it by the prosecutors office.

IMO this accident would still be considered your fault because of one factor. The first harmful event was that you went into the shoulder lane to pass up traffic on the right so you can make the right hand turn. I'm not sure why you weren't cited for 4511.28. Permission to overtake and pass on the right. The thing is though, if the other driver was doing the same thing he should be cited as well under the same section.

Now he may have failed to yield, but you were off the roadway technically so I don't believe a failure to yield would apply because of this factor. I'm not 100% on this but I'll run it by some of the older guys at work. The other thing is, this is the Officer's interpretation, what the judge says could be totally different....lol. Courts have a habit of doing that sometimes....lol

As for the license plate being wrong on your portion of the ticket, well that doesn't mean too much, that can still be corrected on the court's copy so that it reflects the correct plate, when entered into records.
Link Posted: 9/26/2005 4:55:08 AM EDT
[Last Edit: 9/26/2005 4:59:20 AM EDT by Fallschirmjager]

Originally Posted By CsabaH:
The judge can not fine you with an additional fee, if you are not charged with it by the prosecutors office.

IMO this accident would still be considered your fault because of one factor. The first harmful event was that you went into the shoulder lane to pass up traffic on the right so you can make the right hand turn. I'm not sure why you weren't cited for 4511.28. Permission to overtake and pass on the right. The thing is though, if the other driver was doing the same thing he should be cited as well under the same section.



I think the reason I wasn't cited for that was because the other driver told the cops he hadn't been in the shoulder lane, so the cops took his word for it even though I had told them from the beginning that this had taken place in the shoulder lane. I think they thought it was easier to take his version of the story and write it up as an ACDA than to take mine and have to actually look at the way the vehicles were damaged and put some real thought into it. If they would have cited the other guy and I for driving in that lane and cited him for pulling into the lane without looking, I wouldn't have a problem with this, because I had been in that lane. The fact is though I had ACDA and would have had it if the other driver hadn't pulled in front of me (to use the shoulder the same way I was) as I was going by.

So far as your argument as to why I would still be at fault, a buddy of mine said the same thing, and I think that's the argument that gives me the biggest chance of losing. The thing that really pisses me off is the guy lives about 1/2 mile from where this happened so he know's people use that lane all the time, and by his own admissions to my insurance company he was doing the same.
Link Posted: 9/26/2005 5:29:50 AM EDT

Originally Posted By CsabaH:
The judge can not fine you with an additional fee, if you are not charged with it by the prosecutors office.

IMO this accident would still be considered your fault because of one factor. The first harmful event was that you went into the shoulder lane to pass up traffic on the right so you can make the right hand turn. I'm not sure why you weren't cited for 4511.28. Permission to overtake and pass on the right. The thing is though, if the other driver was doing the same thing he should be cited as well under the same section.

Now he may have failed to yield, but you were off the roadway technically so I don't believe a failure to yield would apply because of this factor. I'm not 100% on this but I'll run it by some of the older guys at work. The other thing is, this is the Officer's interpretation, what the judge says could be totally different....lol. Courts have a habit of doing that sometimes....lol

As for the license plate being wrong on your portion of the ticket, well that doesn't mean too much, that can still be corrected on the court's copy so that it reflects the correct plate, when entered into records.



This is my take also.

Link Posted: 9/26/2005 2:04:52 PM EDT
[Last Edit: 9/26/2005 4:27:23 PM EDT by Fallschirmjager]
Well, from what has been said here, what my insurance company told me, and the fact I would have to go to court Wednesday AM because I can't make the Friday date, I think I'm just going to pay this ticket. It really pisses me off though; I mean, if I'd have really run into someone I'd be the first to admit it, but to have this happen is upsetting. I am going to see what I can do to have Columbus look at making that shoulder a turn only lane, EXACTLY like it is in the opposite direction, because that shoulder is treated like a lane of travel and has been since I've been working at JPMorgan/Bank One. I wish I would have run into the back of the guy because I wasn't paying attention or something, because at least then I'd know it was really my fault... :(

Thanks for all the input guys.
Link Posted: 9/27/2005 1:15:41 AM EDT
I would ask them to extend the lane further to accomodate for the backed up traffic, but A) I doubt that will happen and B) people will still drive on the "shoulder lane" just further back in line now...lol
Link Posted: 9/27/2005 5:04:59 PM EDT
Hmm, so this happend when you were pulling off the road to check a noise under your hood??
Link Posted: 9/28/2005 2:56:24 PM EDT
Nah, I'm not into lying about stuff, like the little bastard did. I figure it's like Dio said, "Life's a never ending wheel." I figure this happened to me for a reason, and the lying little bastard will get his in the long run.

Anyways, I just paid my fine, and I was a bit surprised to see the $110 fine was really a $35 fine and $75 "costs". I'd sure like to know WTF costs $75, since I didn't go to court.
Link Posted: 9/28/2005 3:33:23 PM EDT
Consider it a processing fee....lol. $70 court costs are the norm.
Link Posted: 9/28/2005 3:37:39 PM EDT
What is ACDA? Thanks
Link Posted: 9/28/2005 4:36:51 PM EDT
Assured Clear Distance Ahead. The sad thing is there is no such thing so long as other people are operating vehicles on the road in front of you.

The rub is that apparently anytime you hit someone from the rear, regardless of how it happened, if there are no witnesses to back up your story you will be cited for this. That's largely what happened to me; No one stopped to say they saw the guy pull in front of me, and he told the cops he didn't even change lanes (which is why I wasn't cited for 4511.28), even though the debris illustrated where the accident occured.

To be honest, I think the cop wrote this up the way he did because he probably believed me but knew I was screwed because of the situation, and by writing it up the way he did he didn't have to ticket me for driving on the shoulder as well.
Link Posted: 9/29/2005 3:02:00 PM EDT

Originally Posted By Fallschirmjager:
Nah, I'm not into lying about stuff, like the little bastard did. I figure it's like Dio said, "Life's a never ending wheel." I figure this happened to me for a reason, and the lying little bastard will get his in the long run.

Anyways, I just paid my fine, and I was a bit surprised to see the $110 fine was really a $35 fine and $75 "costs". I'd sure like to know WTF costs $75, since I didn't go to court.



Yea sucks don't it. Us JBT's collect more per ticket for the local courts than we do for our agency.

[sarcasm]You know, because we're just revenue collectors...[/sarcasm]
Link Posted: 9/30/2005 11:52:10 AM EDT
Yeah the township I work for barely gets any of the fine. Kind of sucks. Makes me wish this place would just become a city already.....lol.
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