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Help with violation: went straight from right turn only lane

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stylegirl

Junior Member
Hello. I live in Northern California and received a citation several months ago while visiting Monterey. It was around 8:45 a.m. on a Sunday morning, and I was in the downtown section of Monterey, looking for a specific address. I was focused on looking at street address signs, so I didn't notice that I was in a right turn only lane, and when the light that I was stopped at turned green, I went straight. There was no traffic, and no danger posed by my (illegal) maneuver. Of course, there was a cop, so he pulled me over and asked if I knew the reason. Since I definitely wasn't speeding, I guessed I must have done something else illegal like gone straight when I was supposed to turn. I explained that I was visiting and unfamiliar with the area, and that I was looking for a specific landmark, and I asked the guy if he could give me a warning but he said no. I tried to cajole him, saying I was in from out of town, to which he snidely remarked that "the law is the same in all of California". I again asked if he couldn't just give me a warning but he said he couldn't.

My question is, do I have any hope of prevailing either by explaining that no danger was posed by my maneuver, or by arguing that the officer should have had discretion to issue a warning but that instead he acted like someone who was trying to meet a quota? Or is there any other argument I could make?

I went back onto Google Maps, Street View and confirmed that the RT only sign is there, so even though I didn't see it, it's not that it was hidden. I guess I'm hoping that I have some chance of avoiding the $245 fine.

Any help or suggestions will be most appreciated! Thanks:)What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
My question is, do I have any hope of prevailing either by explaining that no danger was posed by my maneuver,
That's not a legal defense. Hope? Who knows what a judge will do on a good day?

or by arguing that the officer should have had discretion to issue a warning but that instead he acted like someone who was trying to meet a quota?
Nope. Not only is that not a defense, but the quota argument is heard every day and tends to cheese off the court.

Or is there any other argument I could make?
"Arguments" are for expressing facts as to how you did not commit the crime. But, you did commit the crime. If you're going to challenge, plead guilty with an explanation. It probably won't help, but it seems you have no argument.
 

Zigner

Senior Member, Non-Attorney
The police DO have the discretion when deciding whether to cite or warn. He used his discretion when he decided to cite. Perhaps he felt that all your "crying" was simply a way for you to attempt to avoid responsibility, as opposed to you actually being contrite for your violation of the law.

Another thing that strikes me as strange...you knew you weren't speeding, so you assumed that you must have been pulled over for something like going straight when you were supposed to turn...seriously? That just goes to show that you were fully aware of your violation of the law, but were just trying to weasel your way out of it.
 

stylegirl

Junior Member
Zigner:

Thanks for your attempt to help...I think.

Perhaps he felt that all your "crying"
For the record, no tears or similar hysterics occured. I simply asked the officer in my most polite, even tone, if he could give me a warning. Despite my username, I'm not some dopey girl that tries to get out of things by playing the crying card. I've actually never attempted it, and would feel ridiculous trying.

That being said...

you knew you weren't speeding, so you assumed that you must have been pulled over for something like going straight when you were supposed to turn...seriously? That just goes to show that you were fully aware of your violation of the law, but were just trying to weasel your way out of it.
Sorry if it sounds like I was an aware offender who was trying to weasel my way out...what I meant is that I knew I was moving, I knew I wasn't speeding, and therefore, I guessed that going straight (as opposed to having turned, in which case I might have said, "Did I make an illegal turn?") might have been the problem. If I'd been trying to weasel my way out, I would have played the innocent "I have NO IDEA" card. Instead, I was trying to be sincere, in the hopes that that would get me somewhere. Like, "Hm, I must have made an honest mistake and I'm very sorry." BTW, I did express contrition several times. I wasn't belligerent or arrogant or anything like that. It was more like, "I'm sorry I didn't see anything...can you please give me a warning?"
 

Zigner

Senior Member, Non-Attorney
Zigner:

Thanks for your attempt to help...I think.

For the record, no tears or similar hysterics occured. I simply asked the officer in my most polite, even tone, if he could give me a warning. Despite my username, I'm not some dopey girl that tries to get out of things by playing the crying card. I've actually never attempted it, and would feel ridiculous trying.

That being said...



Sorry if it sounds like I was an aware offender who was trying to weasel my way out...what I meant is that I knew I was moving, I knew I wasn't speeding, and therefore, I guessed that going straight (as opposed to having turned, in which case I might have said, "Did I make an illegal turn?") might have been the problem. If I'd been trying to weasel my way out, I would have played the innocent "I have NO IDEA" card. Instead, I was trying to be sincere, in the hopes that that would get me somewhere. Like, "Hm, I must have made an honest mistake and I'm very sorry." BTW, I did express contrition several times. I wasn't belligerent or arrogant or anything like that. It was more like, "I'm sorry I didn't see anything...can you please give me a warning?"
If you didn't know you couldn't turn and you had no clue you couldn't turn, then I really can't understand why that would be the first thing to pop in to your mind. A malfunctioning brake light would make more sense.
 

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