Cited for Impeding/Blocking Traffic (VC 22400)

[MagniQ]

What is the name of your state? CA

I was cited for stopping on a two-lane road at a BART station in Daly City, while waiting for my wife who was about to come out. A BART police officer issued a citation to me for two violations. These are VC 22400 and VC 16028. I am not worried with the second violation because my car is insured. I just couldn't find the proof of insurance at the time I was stopped. For the second violation, I felt the officer was unfair because when he arrived I saw him passed by three cars which stopped on the same lane. When he left and came back (he just circled the road), he saw me slowing down or momentarily stopped as I waited for my wife to come out of the station. I also don't think I violated VC 22400 because there was a light traffic at that time. How then could I impede/block traffic when there was little traffic to speak of?

I am wondering if it is worth fighting this traffic ticket or not? If I fight this, what's my chance of winning? If I fight and lose, can I opt for a traffic school?

 

[CdwJava]

I was cited for stopping on a two-lane road at a BART station in Daly City, while waiting for my wife who was about to come out. A BART police officer issued a citation to me for two violations. These are VC 22400 and VC 16028. I am not worried with the second violation because my car is insured. I just couldn't find the proof of insurance at the time I was stopped. For the second violation, I felt the officer was unfair because when he arrived I saw him passed by three cars which stopped on the same lane. When he left and came back (he just circled the road), he saw me slowing down or momentarily stopped as I waited for my wife to come out of the station. I also don't think I violated VC 22400 because there was a light traffic at that time. How then could I impede/block traffic when there was little traffic to speak of?

I am wondering if it is worth fighting this traffic ticket or not? If I fight this, what's my chance of winning? If I fight and lose, can I opt for a traffic school?

First, go back and delete your extraneous posts - one will do. You do not need three.

If there was ANY traffic, then you are guilty of impeding. However, you can certainly plead your case at court and hope a judge is sympathetic to your "light" traffic argument. But, if even one car had to maneuver around you or was unable to move in your lane if they wanted to, then you can be guilty of the volation.

22400. (a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.​

You might consider traffic school if you want to avoid a bump in insurance.

- Carl

 

[Hey There]

Ball is in your court

3-24-08

MagniQ

If you choose to fight this there are certain steps drivers in Ca. can take to better the chances of prevailing in court.
Discovery gives the driver the information he needs to present a proper defence or even decide what plea he wants to enter.
Discovery is a simple request made by the driver for a copy of the officer's notes,a copy of the front and back of his ticket, a copy of the video if one was made, and other evidence the officer plans to use in court. For what the Discovery Request should contain the website Help! I Got A Ticket! has instructions and a form that can be downloaded. A Discovery form can also be copied from the back of a book on fighting traffic tickets in Ca. published by NOLO which is likely available at a local library. Further information on Discovery can be found by typing in Discovery for Traffic Tickets on Google. A driver can certainly write his own request as long as the information is complete.A friend has to put a copy of the original request in an envelope and mail a copy to the citing officer and the D.A. (or city attorney) certified, return receipt and supply the driver with Proof of Service that he has done so.
If Discovery isn't sent within 20 days upon receipt a hearing request to dismiss or provide Discovery can be made to the court.
. *************
A driver can also ask for a continuance by phoning the court clerk.
This gives the driver additional time to obtain Discovery before entering a plea at the Arraignment or to file a Trial by Declaration.
Trial by Declaration is a written argument by the driver why the citation should be dismissed. Forms can be obtained from a court clerk or by going to Google and typying in Trial by Declaration .
If the judge rules against the driver, the driver can request a new trial within 20 days.
This gives the driver 2 chances to present his case.
If the driver decides to go to court the internet and local library
has information on how to cross examine the officer and present a proper defence.
If the officer doesn't show up in court then the case should be dismissed.
******************
Traffic School can't be denied because a driver pleads not guilty and loses in court.(Vehicle Code section 42005 and People v Wozniak)
*****************
VC 22400 prohibts impeding traffic. The question is how many cars are affected and for how long when traffic is defined as a movement of not one car, but CARS.
Is there a designated place to pick up passengers next to the curb?
Signs &/or a painted curb?
OR
Is it usual practice to slow and stop to pick up or drop off a passenger at the Bart Station in Daly City?

Best Regards,
Hey There
As noted by CdwJava traffic is defined as vehicles either singly or together by the Ca. DMV book. (Definition 620.)-- rather than the dictionary meaning as several cars or more . See POST #4 by CdwJava
A video if available would show whether or not any car was impeded.
A Passenger Drop Off & Pick Up Area would have a white curb and signs.

 

[CdwJava]

Hey There,

I, respectfully, beg to differ on the comment that the traffic impeded has to be MORE than on car. Traffic can be many things:

620. The term "traffic" includes pedestrians, ridden animals,
vehicles, street cars, and other conveyances, either singly or
together, while using any highway for purposes of travel.​

Even one car is sufficient.

- Carl

 

[Zigner]

Is it usual practice to slow and stop to pick up or drop off a passenger at the Bart Station in Daly City?

And, I have to point out the fact that this is irrelevant to the OP.

 

[Hey There]

New Info Always Welcome

3-25-08
CdwJava

Thanks for the heads up on the definition of traffic (#620) in the Ca. Vehicle Code Book. Chambers Dictionary and 5 websites define traffic as Vehicles etc.which is where I got my information from. This made sense to me as traffic is generally referred to in the plural as in "traffic is heavy ".
This isn't the definition in the Vehicle Code Book, however, which defines traffic as vehicles singly or to-gether as you pointed out.
I'll also add a note in my post that 620 in the Ca. Vehicle Code Book defines traffic as one or more vehicles.

Best Regards,
Hey There

 

[CdwJava]

Now, if this is a PARKING LOT and not a highway/roadway, then impeding may not be appropriate.

- Carl