Cut off by cop but I get a moving violation?

[wagglee]

What is the name of your state (only U.S. law)? California

This is my first time posting on here. I hope someone can help me.

So this evening, as I was driving up the hill on the freeway on 10-E in Yucaipa, a car in the slow lane that was exiting towards Yucaipa, cuts me off causing me to change lanes so I didn't rear end them. I was traveling 65 mph going up a hill in my tiny Fiat. And he was slowed down in the secondary exit lane that you can exit or go straight to continue on the freeway. After he cuts me off, I move back to my lane with my blinker and moved back over to the lane to get off on Oak Glen. Then he hits me with lights. I used my changing lights both times. After I exit, he comes to my passenger side window, pulling up his zipper in his pants, and leans down to my passenger side window to start talking to me. He tells me that he's pulling me over for a unsafe lane change, CVC 22107. I told him that I did not do an unsafe lane change. I told him that he cut me off and I was moving back in the lane after having to switch lanes to avoid rear ending him. He hesitated and you can see him thinking that he could've possible did it. I explained to him in full detail what happened, and my seven year old was in the car and witnessed as I was yelling at him swerving lanes to avoid hitting him. He then proceeds to ask me for the DL and proof of insurance, I give him the DL and I ask him to wait while I pull up my Insurance on my phone. He then proceeds to tell and and recite some penal code, that I had to have a hard copy. I had to correct him and tell him California state law states I can show you proof of insurance on my phone.

So turns out this guy is a LT and not a traffic cop and has to call someone in to fill out the ticket. He then gives me the ticket and apologizes saying that I am allowed to show my insurance on my phone. He signs the ticket, not the other guy. Or I would've requested both of their names and badge numbers.

So I'm baffled at how I get a unsafe lane change citation when he was the one who made me swerve to another lane. Can I fight this? Will my 7 yo be a credible witness?

 

[FlyingRon]

Nobody in your car, let alone your kid, is going to be a credible witness. Cases are not adjudicated on the side of the road. You need to make your case in court. This is one time, I'd give a shot at the officer not showing. If the officer who wrote the ticket is the only one who shows for the trial, and not the lieutenant that observed the lane chagne, the state has no case. Typically, the court date is scheduled at the convenience of the citing officer, so it's quite possible the lt. might miss it.

Notwithstanding, the above, even with a credible witness, your story won't exculpate you. There's a basic legal principal that your mommy taught you when you were your son's age. "Two wrongs don't make a right." You might be excused for making a rapid change to avoid an accident, but once that has happened, you must not make any further lane changes unless you can comply with the law doing them safely.

I'd avoid mentioning that you were speeding. I believe the limit is 55 in that area right now due to the road work.

 

[xylene]

I would get a paper copy of insurance. That's a no brainer. Something allowed can still be dumb.

 

[Zigner]

I would get a paper copy of insurance. That's a no brainer. Something allowed can still be dumb.

The California Vehicle Code specifically allows for proof of insurance to be provided on a mobile electronic device, so there is absolutely no requirement that a paper copy be kept in the vehicle:


16028. (a) Upon the demand of a peace officer pursuant to
subdivision (b) or upon the demand of a peace officer or traffic
collision investigator pursuant to subdivision (c), every person who
drives a motor vehicle upon a highway shall provide evidence of
financial responsibility for the vehicle that is in effect at the
time the demand is made. The evidence of financial responsibility may
be provided using a mobile electronic device. However, a peace
officer shall not stop a vehicle for the sole purpose of determining
whether the vehicle is being driven in violation of this subdivision.

(There are several more mentions of it in 16028 - http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=16001-17000&file=16020-16033)

 

[FlyingRon]

He doesn't appear to have been cited for any of the insurance violations, so that's spurious. Yeah, the cop was wrong in saying he had to have the paper, but cops are allowed to be wrong and since he didn't act on his mistaken impression, it's irrelevant.

 

[Zigner]

He doesn't appear to have been cited for any of the insurance violations, so that's spurious. Yeah, the cop was wrong in saying he had to have the paper, but cops are allowed to be wrong and since he didn't act on his mistaken impression, it's irrelevant.

Fair enough - but I was actually reacting to Xylene's statement that it's dumb not to carry a paper copy of the insurance card.

 

[OPAH]

Go to court

Go to court, you have a better than 60% that he will not show, he is not a traffic cop and most likely has better things to do with his time than set in a court house, I am sure that is why he was zipping up his zipper!