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Help with Absurd Case

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fongp

Junior Member
What is the name of your state (only U.S. law)? CA

Hi All,

Thanks in advice.

My wife got a moving violation 2240(a) - impeding the flow of traffic

"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."


The details:
She was in the left turn lane to turn onto a freeway, waiting behind some other cars. The car ahead of her makes an illegal U-turn across a double yellow. She pauses for a moment, since this is not what one would expect to happen, and to wait for the car to finish make their atypical, unpredictable maneuver and then proceeds to turn onto the freeway onramp.

As this is all going on, a Burbank PD officer on his motorcycle is passing along the right side lane and sees only her moving slowly, but not seeing the illegal U-turn, and writes her a ticket for impeding the flow of traffic.



At this point in time, we have already done a trial by declaration and been found guilty. We are pursuing trial de novo.
My feeling is this: if she had actually been guilty of anything, I would go for the traffic school. In this case, there is such a misunderstanding that I feel the case must go before a judge again.

Any advice?
Should we pursue a court case or just take the traffic school (keep in mind that some judges will not allow traffic school if she is found guilty again)?
Think we have a case?



Thanks!
 


tranquility

Senior Member
I have no advice other than the fact such a ticket in a situation would be...unusual. Be sure you know all the facts and supposed facts before you get on board with the full hassle of a fight. Most such things depend. What another (officer) might depend might be far different from what you and yours depend.
 

HighwayMan

Super Secret Senior Member
You do not know what the officer saw or did not see. In addition, since you apparently were not there you can't even be certain that what your wife told you is totally accurate.
 

xylene

Senior Member
While I understand your rationale / sentiment in saying 'we' - this is not a shared legal matter.

Perhaps you are overly invested in the situation in seeing an injustice.
 

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