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post #1 of 14 Old 05-19-2003, 1:15 AM Thread Starter
 
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Re: Another question for the legally inclined

I got a ticket last week, and wanted to see what you think my odds are of fighting it. *First, I'll explain what I did.
The road is a two lane road, 55 mph limit with one lane in each direction. *There is a broken yellow line separating the two lanes. *The CHP was directing traffic at a 3-way intersection that I was approaching. *My lane was basically stopped but moving slowly due to the officer's directing traffic. *There was little to no traffic going the opposite direction. *About a mile before the intersection, I moved out into the left lane and began slowly passing this mile long string of cars. *I was probably going 15 - 20 mph, and the visibility was unobstructed. *About 100 yards or so before the intersection, I merged back into the right lane. *When I got to the intersection, they pulled me over and gave me a ticket for 21650 failure to drive on right side of roadway.
Here's the text of the law:
Quote 21650. *Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows:
* (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
* (b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn.
* (c ) When the right half of a roadway is closed to traffic under construction or repair.
* (d) Upon a roadway restricted to one-way traffic.
* (e) When the roadway is not of sufficient width.
* (f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.
* (g) This section does not prohibit the operation of bicycles on any shoulder of a highway, where the operation is not otherwise prohibited by this code or local ordinance.
It's my opinion that what I did is legal to the letter of the law. *Exception (a) is exactly what I was doing.
However, I'm also aware that passing something like 50 cars in a row (even in the lane splitting capital of the USA), may not be very popular to the legal people in charge.
One other item that is of interest... the officer who wrote the ticket told me that 'had the road had a shoulder and you were passing on the right, I probably wouldn't even bothered you'. *I told him that was illegal (which it is).
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post #2 of 14 Old 05-19-2003, 2:10 AM
 
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Re: Another question for the legally inclined

Pay up, that was just asking for it

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post #3 of 14 Old 05-19-2003, 10:22 AM
 
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Re: Another question for the legally inclined

I'm not sure what the court system is like in CA, however in CT at the extreme minimum your ticket would get reduced. They are so overloaded with traffic violations that they shuffle right through them. But is it worth saving a couple of bucks to take the day off of work? If the cost is greater than that then fight it.
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post #4 of 14 Old 05-19-2003, 10:31 AM
 
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Re: Another question for the legally inclined

I'm not familiar with CA law, but the key to whether or not what you did was legal is the phrase, 'under the rules governing that movement.' Because CHP was directing the flow of traffic, that may effect whether you were permitted to pass. Check to see if there is another provision governing what drivers may do when police of directing traffic. If there is, I'd say you would have to bit the bullet on this one.
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post #5 of 14 Old 05-19-2003, 11:03 AM
 
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Re: Another question for the legally inclined

Fight it! It is your right to have a trial. The accusing officer might not even show up or it may get dropped during the pre-trial.
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post #6 of 14 Old 05-19-2003, 12:33 PM
 
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Re: Another question for the legally inclined

Quote:
Joel : I got a ticket last week, and wanted to see what you think my odds are of fighting it. *First, I'll explain what I did.
The road is a two lane road, 55 mph limit with one lane in each direction. *There is a broken yellow line separating the two lanes. *The CHP was directing traffic at a 3-way intersection that I was approaching. *My lane was basically stopped but moving slowly due to the officer's directing traffic. *There was little to no traffic going the opposite direction. *About a mile before the intersection, I moved out into the left lane and began slowly passing this mile long string of cars. *I was probably going 15 - 20 mph, and the visibility was unobstructed. *About 100 yards or so before the intersection, I merged back into the right lane. *When I got to the intersection, they pulled me over and gave me a ticket for 21650 failure to drive on right side of roadway.
Here's the text of the law:
Quote 21650. *Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows:
* (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
* (b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn.
* (c ) When the right half of a roadway is closed to traffic under construction or repair.
* (d) Upon a roadway restricted to one-way traffic.
* (e) When the roadway is not of sufficient width.
* (f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.
* (g) This section does not prohibit the operation of bicycles on any shoulder of a highway, where the operation is not otherwise prohibited by this code or local ordinance.
It's my opinion that what I did is legal to the letter of the law. *Exception (a) is exactly what I was doing.
However, I'm also aware that passing something like 50 cars in a row (even in the lane splitting capital of the USA), may not be very popular to the legal people in charge.
One other item that is of interest... the officer who wrote the ticket told me that 'had the road had a shoulder and you were passing on the right, I probably wouldn't even bothered you'. *I told him that was illegal (which it is).
I swear, CHP is just randomly ticketing for borderline BS. What are they just hoping Joe Citizen is just going to sit back and take it quietly in the background. Screw that ####, fight it. Bring your proof. 21650 (a)

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post #7 of 14 Old 05-19-2003, 5:52 PM
 
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Re: Another question for the legally inclined

Always fight it! The cop may not show up and it will get thrown out or if he does show up he has to prove you were in violation. In CO you can pay an extra $10-15 to get a jury trial, do it so there is no bias.

CMill
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post #8 of 14 Old 05-19-2003, 6:06 PM
 
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Re: Another question for the legally inclined

Your interpretation of the law is valid enough for a judge to hear and to show leniency, if not, to out right dismiss the case.

Moving violations is big business to the State of Calif. If they must have your money, make them earn it.
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post #9 of 14 Old 05-21-2003, 12:14 AM Thread Starter
 
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Re: Another question for the legally inclined

OK, a quick update. I spoke with a friend of mine who's a CHP officer. I didn't realize he is a sargent, and was in fact working less than a mile from where I got cited.
I told him what led up to the ticket, and the whole interaction with the officer, and his response was 'the ticket is completely bogus'. He also told me the officer was an idiot, and writes stupid tickets.
He encouraged me to take some photos of the road where I was cited, which I'll do. He said the case would be a slam dunk... but he's going to pull my ticket and speak to the officer first.
Stay tuned.
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post #10 of 14 Old 05-21-2003, 10:58 AM
 
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Re: Another question for the legally inclined

will your friend testify to that? if so, sounds like an open and shut case
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post #11 of 14 Old 05-21-2003, 11:24 AM
 
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Re: Another question for the legally inclined

Quote:
Joel : OK, a quick update. *I spoke with a friend of mine who's a CHP officer. *I didn't realize he is a sargent, and was in fact working less than a mile from where I got cited.
I told him what led up to the ticket, and the whole interaction with the officer, and his response was 'the ticket is completely bogus'. *He also told me the officer was an idiot, and writes stupid tickets.
He encouraged me to take some photos of the road where I was cited, which I'll do. *He said the case would be a slam dunk... but he's going to pull my ticket and speak to the officer first.
Stay tuned.
Sweet
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post #12 of 14 Old 05-21-2003, 10:14 PM
 
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Re: Another question for the legally inclined

Quote:
Joel : OK, a quick update. *I spoke with a friend of mine who's a CHP officer. *I didn't realize he is a sargent, and was in fact working less than a mile from where I got cited.
I told him what led up to the ticket, and the whole interaction with the officer, and his response was 'the ticket is completely bogus'. *He also told me the officer was an idiot, and writes stupid tickets.
He encouraged me to take some photos of the road where I was cited, which I'll do. *He said the case would be a slam dunk... but he's going to pull my ticket and speak to the officer first.
Stay tuned.
Hmm.... Interesting info.

Keep us posted, and good luck!
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post #13 of 14 Old 05-22-2003, 12:09 AM
 
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Re: Another question for the legally inclined

cops.....BAH!!
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post #14 of 14 Old 05-27-2003, 11:52 AM
 
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Re: Another question for the legally inclined

Any news yet?

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