Q: Is a perfect driving record taken into consideration when receiving a traffic violation ticket?
I was ticketed for the move over law, the officer had pulled a vehicle over and was writing a ticket for them. He was not standing outside the vehicle, it was a 2 lane road, there was traffic in the left lane, I was driving in the right lane. I slowed down to more the 10 mph below the speed limit rather then changing lanes feeling this was the safest situation. I have a perfect driving record for over 30 years, I don't even have a parking ticket....the officer refused to take my driving record into consideration..said "I don't give warnings" I would like to take this to court and have it reduced to a warning and plead not guilty because the law states that if you are unable to move over slowing down is acceptable. It would be his word against mine as to the traffic beside me. Would my driving record be taken into consideration by the judge?
A: Yes and no. A driving record is considered for DUIs, driving without a license, and other offense in that a second or greater violation within a period of time results in an increased penalty. For a parking violation a good driving record would not normally be directly considered. If you feel the officer's judgment of the situation was incorrect, do challenge the ticket in court. The best approach is to show that your actions were reasonable for the situation (i.e. a technical violation was the safest approach or prove that no violation occurred). Most people do not hire lawyers for tickets, but you can contact a lawyer if you want some assistance. Also there are some very good Nolo books of "beating a traffic ticket" (check you local library).
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