Ticket in Wesley Chapel
Hi all - I was recently cited in an accident (my insurance deemed the accident 100% NOT my fault) for "Improper passing on the right" in violation of Florida Statute 316.084(1). TL;DR at the bottom
Situation: I was traveling southbound on a two lane road (one lane in each direction). Along this road are residential communities on either side. When one comes up, there is a turn lane as you approach the community. In my case, the community was on the left, so a turn lane forms to allow people to turn left into that community. There is also a road to the right here, with no separate turn lane (meaning turns onto this road are made directly from the southbound lane of traffic on the main road).
As we approach the intersection, the pickup truck (driver B) begins drifting into the left turn lane. No turn signal is given. I am behind the pickup truck and notice he is moving to the left turn lane. His truck was about 50% in the left turn lane, so I speed up to pass and attempt to continue in the southbound lane of traffic. As we get to the intersection, he turns right. In effect, he did one of those "let me swing out and make a wide right so that I don't have to slow down or turn my steering wheel as much" turns.
My insurance has deemed the other driver 100% responsible with the following statement: "You were in control of your lane at the time Driver B executed his right hand turn. Based on the location of damages, he had a duty to ensure he was clear and also had a duty to make a proper turn from the main lane of traffic."
My question: This occured in Pasco County, FL. The back of the citation says that if i request a hearing and am convicted, the court may impose a fine of up to $500. Does this mean that the judge, in all his or her glory, can magically decide that I owe more than the civil penalty of $164 that is written on my citation? How can this be and how often does this actually happen where I am expected to pay a higher fine for the infraction itself (not talking about court fees) simply because I executed my right to a hearing? I guess, Under what kind of circumstances might the judge decide to impose a higher fine? My driving record is clean and I plan to present myself in a suit and be very respectful.
Should I even fight this ticket? I really don't think I did anything wrong. If the pickup truck actually made the left turn, no officer would have ever pulled me over and cited me for improper passing on the right because I didn't wait to pass him until he was 100% in the turn lane. I only got the ticket because the guy decided he wanted to essentially make a right turn from the left lane while I was trying to pass him, and we collided.
Anyone have any advice? I keep reading somewhere about Florida doesn't do the 'dismiss the ticket if the cop doesn't show' anymore and that most of the cops show anyway. ticket was issued by FHP.
the Statute:
316.084 When overtaking on the right is permitted.—
(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
To me, it appeared the pickup truck was "about to make a left turn" based on how he veered into the left lane by 50%. I don't know if this is sufficient to fight the ticket though. Officer didn't witness this at all.
TL;DR Got a ticket from FHP in an accident in Pasco (my insurance says 100% not my fault) for 'improper passing on the right.' the citation says that if I request a hearing and am convicted I could be charged up to $500, which is more than the $164 on the citation. Basically the judge can do this at their discretion. Under what circumstances and how often does the judge increase the fine simply for appearing at the hearing? Should I even bother fighting the ticket?**
Posted Aug 17, 2017, 7:52 PM UTC · edited