2133.03(A)
(A) No person shall operate a motor vehicle 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 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
(Keep in mind this does not specify the situation beside you, Refers to the width of the Entire road, and always states "distance ahead" never referring or stating Lane anywhere. Distance ahead can be any of all 3 lanes that you can drive in a path to without hitting something during the estimation of Assured Clear Distance Ahead)
I was in a collision on 12/25/2014. The guy I collided with called the police after I had made sure he was ok, and told him i was going to get my insurance registration and legal documents. I am 100% ok with accepting fault when it comes to damages to his property, but the officer gave me a ticket for Failing to assure clear distance ahead.
The statement below both explains what happened that makes me believe that I was not guilty of this offense, but in essence, some A-hole going about 10 over the speed limit when general traffic around me was 10 under (I was also 10 under) impeded on my bubble reasonable area I could use being able to change lanes to the center when i was attempting to do so without him rear ending me. Traffic stopped and by the end I didn't have the time to make the lane change despite slowing down to almost a complete stop. This sudden and unpredictable A-hole from behind was almost on my bumper after 1-2 seconds and physically impeded on my rear being able to change lanes to the center by 3-4 seconds.
Based on the Statue, I think I have reasonable doubt, and I just don't want the points on my record... If they took it to 0 or changed it to a different charge of 0 points I would be happy.... but I would really like any advice or ideas.
My Defense
I am here today under oath not to deny the fact that at approximately 5:00pm on 12/25/2014 I was driving on I71 and was involved in a collision with a sedan causing damage to that sedan, but to deny the charge and to state that I am not guilty of “Columbus Code of Ordinances, Title 21, Chapter 2133.03 (A) ”, I Maintained Assured Clear Distance Ahead of me within the three lanes of traffic at all times until an incident beyond my control.
I was attempting to change lanes from the right lane to the center lane. The center lane was less congested ahead of me and had 3-4 additional car lengths of space beyond the ~4.x car lengths of space in my lane (I consider a car length to be between 23-27 feet).
I applied my Turn signal, scanned traffic ahead of me to ensure clear distance ahead of me, then checked my mirrors(2-4 seconds of time had now passed since putting on my turn signal to when I started looking at my mirror). When I checked my mirrors, I saw a Black car (sports car after having more time to recollect) approaching me with great speed and only appeared to be speeding up.
When the black car that was more than likely going beyond the speed limit, did not slow down during the 2-3 seconds I was glancing from in front of me to my mirror rapidly and caught up to me then partially passed me, he impeded on the Assured Clear Distance Ahead and reduced it beyond what I or anyone could have calculated for.
When I saw this car initially and realized it was moving faster than I, so preceded to partially apply my breaks, and allowed them to pass me faster, however during this time, the traffic in my lane had come to or was progressing towards a sudden halt. With the black car now passing me in the area I had previously considered to be my Clear and Assured Distance ahead and me braking, I attempted to change lanes to the center lane the moment I could, and was almost successful without incident, but I was 1 or 2 feet(left to right wise) from being able to and impacted the front right of my car with the rear left of the car in front of me.
During this time I was now fully applying my breaks, and could hear my tires skidding. I was focused primarily on the car in front of me and tried my best to avoid any collision while attempting to change lanes and to reduce damage when it was proven impossible.
Prior to colliding with the vehicle in front of me, I was focused on my car and the one I had collided with, so I do not have a license plate, nor the ability to call this driver in as a witness. The sudden interference of a car going well beyond my speed from behind me, that was not willing to respect my lane change caused me to be unable to adjust my Assured clear distance ahead to the proper amount within the short amount of time I had in order to make this correction.
If I had changed lanes ignoring the black car, we could have collided and could have possibly spun out because he was at 65-75mph and I was at roughly 50mph initially. The speed at which I collided with the car in front of me was ~5-10mph. The time at which the car was assing me and I collided with the car in front of me was within 5-7 seconds in total if I were to estimate, however given the situation my estimates of time could be off slightly.
End Defense
Also...
is there anything that would apply to the sudden shiddyness of this A-hole doing what he did to cut my Assured clear distance ahead in half and change the situation for me so suddenly?
You can tell by the damage that I was paying attention and demonstrating good driving, I was paying attention to my surroundings, and I was giving proper distances... It's just so shiddy...
Ohio Law 2133.03 (A)
(A) No person shall operate a motor vehicle 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 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.
(A) No person shall operate a motor vehicle 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 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
(Keep in mind this does not specify the situation beside you, Refers to the width of the Entire road, and always states "distance ahead" never referring or stating Lane anywhere. Distance ahead can be any of all 3 lanes that you can drive in a path to without hitting something during the estimation of Assured Clear Distance Ahead)
I was in a collision on 12/25/2014. The guy I collided with called the police after I had made sure he was ok, and told him i was going to get my insurance registration and legal documents. I am 100% ok with accepting fault when it comes to damages to his property, but the officer gave me a ticket for Failing to assure clear distance ahead.
The statement below both explains what happened that makes me believe that I was not guilty of this offense, but in essence, some A-hole going about 10 over the speed limit when general traffic around me was 10 under (I was also 10 under) impeded on my bubble reasonable area I could use being able to change lanes to the center when i was attempting to do so without him rear ending me. Traffic stopped and by the end I didn't have the time to make the lane change despite slowing down to almost a complete stop. This sudden and unpredictable A-hole from behind was almost on my bumper after 1-2 seconds and physically impeded on my rear being able to change lanes to the center by 3-4 seconds.
Based on the Statue, I think I have reasonable doubt, and I just don't want the points on my record... If they took it to 0 or changed it to a different charge of 0 points I would be happy.... but I would really like any advice or ideas.
My Defense
I am here today under oath not to deny the fact that at approximately 5:00pm on 12/25/2014 I was driving on I71 and was involved in a collision with a sedan causing damage to that sedan, but to deny the charge and to state that I am not guilty of “Columbus Code of Ordinances, Title 21, Chapter 2133.03 (A) ”, I Maintained Assured Clear Distance Ahead of me within the three lanes of traffic at all times until an incident beyond my control.
I was attempting to change lanes from the right lane to the center lane. The center lane was less congested ahead of me and had 3-4 additional car lengths of space beyond the ~4.x car lengths of space in my lane (I consider a car length to be between 23-27 feet).
I applied my Turn signal, scanned traffic ahead of me to ensure clear distance ahead of me, then checked my mirrors(2-4 seconds of time had now passed since putting on my turn signal to when I started looking at my mirror). When I checked my mirrors, I saw a Black car (sports car after having more time to recollect) approaching me with great speed and only appeared to be speeding up.
When the black car that was more than likely going beyond the speed limit, did not slow down during the 2-3 seconds I was glancing from in front of me to my mirror rapidly and caught up to me then partially passed me, he impeded on the Assured Clear Distance Ahead and reduced it beyond what I or anyone could have calculated for.
When I saw this car initially and realized it was moving faster than I, so preceded to partially apply my breaks, and allowed them to pass me faster, however during this time, the traffic in my lane had come to or was progressing towards a sudden halt. With the black car now passing me in the area I had previously considered to be my Clear and Assured Distance ahead and me braking, I attempted to change lanes to the center lane the moment I could, and was almost successful without incident, but I was 1 or 2 feet(left to right wise) from being able to and impacted the front right of my car with the rear left of the car in front of me.
During this time I was now fully applying my breaks, and could hear my tires skidding. I was focused primarily on the car in front of me and tried my best to avoid any collision while attempting to change lanes and to reduce damage when it was proven impossible.
Prior to colliding with the vehicle in front of me, I was focused on my car and the one I had collided with, so I do not have a license plate, nor the ability to call this driver in as a witness. The sudden interference of a car going well beyond my speed from behind me, that was not willing to respect my lane change caused me to be unable to adjust my Assured clear distance ahead to the proper amount within the short amount of time I had in order to make this correction.
If I had changed lanes ignoring the black car, we could have collided and could have possibly spun out because he was at 65-75mph and I was at roughly 50mph initially. The speed at which I collided with the car in front of me was ~5-10mph. The time at which the car was assing me and I collided with the car in front of me was within 5-7 seconds in total if I were to estimate, however given the situation my estimates of time could be off slightly.
End Defense
Also...
is there anything that would apply to the sudden shiddyness of this A-hole doing what he did to cut my Assured clear distance ahead in half and change the situation for me so suddenly?
You can tell by the damage that I was paying attention and demonstrating good driving, I was paying attention to my surroundings, and I was giving proper distances... It's just so shiddy...
Ohio Law 2133.03 (A)
(A) No person shall operate a motor vehicle 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 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.
Following Too Closely: Failure to Stop Within the Assured Clear Distance Ahead, O.R.C. 2133.03
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