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Entering traffic unsafely from a driveway...

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slimlion

Junior Member
California...

First, I was coming from the parking lot of my church and I plan on heading SOUTH. I watch the cars (Left side) since I plan on making a left to head south-bound on the street. Once it was clear, I also looked at my right-side (North) and there was only a Cop car on the fast lane heading South. I made my approach to the Suicide Lane (middle lane separating the two opposite roads North and South) Right when I stopped at the Suicide Lane to check if the South-bound traffic is clear, the Cops was behind me and telling me to pull over to the shoulder. I was able to do so since there was no cars present. When he got to my window, I asked him why he pulled me over and he said "I pulled you over because you almost hit me". Keep in mind that he was behind me once I came to a stop at the Suicide Lane. So it was between me and the Cop car. No others were involve. The ticket says I entered traffic unsafely from a driveway.
 


You Are Guilty

Senior Member
slimlion said:
California...

First, I was coming from the parking lot of my church and I plan on heading SOUTH. I watch the cars (Left side) since I plan on making a left to head south-bound on the street. Once it was clear, I also looked at my right-side (North) and there was only a Cop car on the fast lane heading South. I made my approach to the Suicide Lane (middle lane separating the two opposite roads North and South) Right when I stopped at the Suicide Lane to check if the South-bound traffic is clear, the Cops was behind me and telling me to pull over to the shoulder. I was able to do so since there was no cars present. When he got to my window, I asked him why he pulled me over and he said "I pulled you over because you almost hit me". Keep in mind that he was behind me once I came to a stop at the Suicide Lane. So it was between me and the Cop car. No others were involve. The ticket says I entered traffic unsafely from a driveway.
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CdwJava

Senior Member
slimlion said:
Keep in mind that he was behind me once I came to a stop at the Suicide Lane. So it was between me and the Cop car. No others were involve. The ticket says I entered traffic unsafely from a driveway.
First off, it is NOT a "suicide lane" it is a mutual turn lane ... that is, unless it is an island in which case you cannot enter it at all.

Second, it IS entirely possible to enter traffic in an unsafe manner even in to the mutual turn lane. However, unless you cheated into the #1 (fast) lane of traffic, I doubt that the charge can be sustained withthe circumstances as written.

It could be that the officer saw your actions differently. You may have to wait until court to see what his version of events might be.

- Carl
 

slimlion

Junior Member
I was just in my car driving to work today and they mentioned what that lane is actualy called. They said it's the "Center Divider" which makes sense since it does separate the two roads ie, separating cars driving North and South, and East and West.

I stopped at the Center Divider Lane, I'm assuming as others who heard my story that the Cop probably thinks that I was going to cheat and immediately merge to the Fast Lane. So it was his assumptions that got me to this situation.

I plan not to show up to court by fight it via Declaration Form. It has not showed up and my Court date is next week already.

Should I request for a video from the Cop's Car also?
 

CdwJava

Senior Member
slimlion said:
I was just in my car driving to work today and they mentioned what that lane is actualy called. They said it's the "Center Divider" which makes sense since it does separate the two roads ie, separating cars driving North and South, and East and West.
If the center divider does not have broken yellow lines on the inside set of double yellows, then you could not have legally entered it anyway. If it does have the broken yellow lines on the inside, then it would be permissable to use as a mutual turn lane.


I stopped at the Center Divider Lane, I'm assuming as others who heard my story that the Cop probably thinks that I was going to cheat and immediately merge to the Fast Lane. So it was his assumptions that got me to this situation.
It could be. You'll have to go to court to hear his explanation.


I plan not to show up to court by fight it via Declaration Form. It has not showed up and my Court date is next week already.
It will take a little more time than that. Unless yours is a small county, it might take a couple weeks to be entered into the court's system.

And I would NOT miss a court date! If you are going to fight it by written declaration, then make sure you have gotten all the information from the court house and that they KNOW what you are doing.


Should I request for a video from the Cop's Car also?
In California, very, very few police cars are equipped with video cameras. (Oh, did I say very few had cameras?) And for them to be filming, the officer either has to manually turn it on OR have his emergency lights activated. So unless he anticipated your turning movement and wanted to film it for posterity, there would be nothing to catch on tape.

Besides, if you do a trial by declaration you would not be able to submit the tape as evidence even if there was one.

- Carl
 

slimlion

Junior Member
Does this mean I have to call the court and let them know that I mailed in my check (w/ "not guilty plead") and that I requested a declaration form?

What if I just decide to take the traffic school. Is it still possible to do this even though I said on my check "not guilty" ???

I feel that I am completely 100% innocent, but I know how people get screwed in court. I cannot afford a point on my license because this will cause my insurance to go up.

Any thoughts...
 

slimlion

Junior Member
The declaration form that i requested. Is this something I have to submit back to the court before my scheduled date or after? I haven't received it and I have to be in court next week.
 

CdwJava

Senior Member
There should be a new submission date on the declaration form. However, until or unless you are advised in writing to the contrary, I would keep any court dates you have. And if you call the courthouse to get any updated information, document the date, time and who you spoke with.

Traffic school will almost certainly not be an option after you submit your declaration. It MIGHT be, but the courts in CA tend to remove it as an option after trial - be it in person or by written declaration.

I am not sure if it is still a viable option if you request a trial de novo if you lose your written declaration.

- Carl
 

CdwJava

Senior Member
slimlion said:
Do I have a higher chance of winning my case by having a trial by Declaration form?
I honestly don't know. Some say you will, but I wouldn't think so.

The advantage is that the judge may decide that you write better and can give you the win without looking the fool in front of a room full of officers. The downside is that you do not have a chance to ask the officer any questions. If you write your version and the officer's version counters yours, the judge is likely to go with the officers. If you had been able to cross-examine the officer, you might have been able to get him to admit that his position was not clear for an unobstructed view, etc.

They each have their advantages. And, if you lose the written declaration, you can always ask for a new trial in court. But, traffic school will lmost certainly be off the table at that point.

- Carl
 

slimlion

Junior Member
Thanks To Everyone Who Replied. I Just Received My Declaration Form Via Mail And I Have A New Deadline So I Don't Have To Appear In Court And Miss Work. I Will Take Photos And Make Diagrams So That My Chances Will Increase Of Winning My Case.
 

slimlion

Junior Member
I just received the result via mail and I was shocked. All it had in the envelope was a carbon copied pink sheet stating that I was guilty. No explanation what so ever. It noted the bail amount I paid and on the bottom it shows I owe another $39 and it has a due date. How do I fight this one again, I seriously thought that it was going to be a No Guilty. I showed my co-workers my statement and they all said that the Cop just got scared.

Help!!!
 

CdwJava

Senior Member
slimlion said:
I just received the result via mail and I was shocked. All it had in the envelope was a carbon copied pink sheet stating that I was guilty. No explanation what so ever. It noted the bail amount I paid and on the bottom it shows I owe another $39 and it has a due date. How do I fight this one again, I seriously thought that it was going to be a No Guilty. I showed my co-workers my statement and they all said that the Cop just got scared.

Help!!!
As I had posted, the disadvantage of a written declaration is that you cannot cross-examine the officer.

Check with the court and find out how to file for a "trial de novo" (a new trial). You have 20 days after the date of mailing to file this request. If your court has a web site, that information may be available there. If not, call or go to the court to ask, or check out this site for some information:

http://www.courtinfo.ca.gov/selfhelp/traffic/

And for Written Declaration info:

http://www.courtinfo.ca.gov/rules/titletwo/title2-6-10.htm

And a form for Trial de Novo:

http://www.courtinfo.ca.gov/forms/fillable/tr220.pdf

- Carl
 

lwpat

Senior Member
Unless you have a very good defense and can demonstrate reasonable doubt you are going to be found guilty with a Trial by Declaration. You have to present a defense and back it up. This takes research. The judge is not required to provide an explanation. You can do a request and get a copy of the officer's statement.

I would file for a new trial and then hope the judge will let you do traffic school or the officer doesn't show. Otherwise be prepared to pay or argue your case.
 

slimlion

Junior Member
The trial de novo allows me to appear infront of the judge as well as the officer, correct? I received a carbon copy stating I was guilty and I have to pay $39 before the deadline the piece of paper noted. How much am I going to be charge for the trial de novo? When I send the payment, can I request the trial de novo via written statement or do I have to call the clerk? How do I go about getting the officer's statement? I cannot stress how much all your response means to me. Thank you very much again. If I am found guilty again by trial de novo, I can request to take traffic school?
 

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