What is the name of your state (only U.S. law)? CA
I was trying to enter the left turn only lane, but may have crossed the double line and entered it prematurely. I get pulled over and written a ticket for failure to drive on right side of the road that is eligible for driving school. In the code it says an exception is made to this law when "placing a vehicle in a lawful position for, and when the vehicle is lawfully making a left turn". Doesn't this mean he cited me for the wrong infraction?
Let's see. . . CVC section 21650 says:
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.
So are you suggesting that if you're gonna be making a left turn you should be allowed to cross over the dividing line (i.e. break the law) so you can lawfully position your vehicle?
Hey, maybe you can use subsection (a) to argue your point too? The reason you crossed over the dividing line was so you can overtake (i.e. pass a vehicle(s)) in front of you that was blocking your path!
Nahh, . . . That probably wouldn't work either.
He also misspelled my name and street address. Can I get this ticket dismissed?
Citations are not weighed based on how many spelling mistakes they have in them.
Surely, a couple of spelling errors might suggest that the officer's powers of observation weren't at their best at the time, however having misspelled your name (and or even your address) does not in any way take away from your rights as a defendant nor does it jeopordize the due process that you are entitled to.
So in short, nice try but "no"!
If I plead not guilty and get overruled, may I still be eligible for traffic school? Thanks for your advice, Scott
You cannot get "over-ruled" for pleading guilty. You have a right to trial, a right to examine evidence against you, the right to question witnesses who will testify against you (example: the officer), the right to testify in your defense if you so choose. . . etc; so you must mean "if you plead not guilty and lose at trial".
In that case, there is nothing in the
California Vehicle Code that forbids/prevents you from asking for Traffic School after losing a trial and there's nothing in the
California Vehicle Code that says the Judge can or should offer it or decline it after a trial. However, the
California Rules of Court do give the Judge the discretion to deny your request for Traffic School if he/she so chooses as long as he/she does not state the reason for declined it.
Strange but true!
Now, considering the time it might take you to prepare for a trial, and as they say, time is money, you might as well opt for Traffic School right off the bat and avoid losing a 50/50 chance that the Judge might turn you down!
The cost for Traffic School before trial is going to be the same as the cost for Traffic School after you lose at trial (if you happen to lose).
