Received a ticket for "Unsafe Turn." Need Advise.

[VerySafeDriver]

What is the name of your state? California

Hello everyone,

I have been driving for 8 years now and have never received a ticket for a moving violation until today. My driving record is spotless until now.

The whole situation is like this:

I made a complete stop at a "Two way stop" intersection. I wanted to make a left turn here and check traffic to the left and right. This is a pretty quiet street by the way. There is no car coming from the left but there is a truck coming from the right. Since the truck has the right of way, I wanted to remain stationary and make my left turn after he has passed.

For some odd reason, the truck driver stop at the intersection too and started honking and screaming for a good 10 seconds at me "Go, Dam it! Go! What are you waiting for?" I was frightened and shocked when he started screaming and honking so I proceeded to make the left turn. While making this left turn under stress, I forgot to check my traffic to the left again and there is this car coming and we nearly got into an accident. Luckily, we both are able to stop in time and avoided this accident.

Unfortunately for me, there is this female officer who saw the whole incident and believe that I am at fault here. I tried to explain what has happen to her but she refused to listen and threatened to arrest and put me in jail if I don't sign her ticket. According to the ticket, I am in violation of Vehicle Code 22107. I am now order to show up in court and don't know how much the fine is going to be.

I am still very shakened by all of this and would like some advise on what I should now do.

Thank all you for your response.

[CdwJava]

Regardless of why you turned, the fact that you turned in front of another vehicle almost causing a collision places you at fault.

Here is the section:

22107. No person shall turn a vehicle from a direct course or move
right or left upon a roadway until such movement can be made with
reasonable safety and then only after the giving of an appropriate
signal in the manner provided in this chapter in the event any other
vehicle may be affected by the movement.

Personally, that is not the section I would have cited you for, but it is still applicable. This section is generally applied to a turning movement upon a roadway (lane change or turning from the road to another or into a driveway)and not at a stop sign controlled intersection ... but, it can still apply.

If you contest the cite and the officer shows, consider traffic school.

- Carl

[VerySafeDriver]

Thanks for replying Carl. Your response is greatly appreciated.

After calming my nerves down, I made a call to the Clerk of Office this morning and found out that my citation is not enter into the computer system yet and the ticket is going to cost $147.

Thinking back, I do think that I was somewhat at fault here since I did made that left turn. I should have never let that truck driver clouded my judgment and intimidated me into making that left turn.

However, I also think the truck driver was also partly responsible for causing me to make that left turn with all his honking and screaming for me to "Go, Dam It! Go!" I thought he was being courteous for stopping at the intersection and letting me go first.

I have these following questions:

1. Do you think the judge will find me to be partially liable here, reduce my fine or at least don't put any points on my driving record if I contest the ticket? Or do you think it is a lost cause since it is going to be my word against the police officer?

2. If I contest my ticket and lost, do I have to pay any court fee in conjuction with the $147 ticket. Also, if I lost, will my option of going to traffic school be denied by the judge?

[CdwJava]

Originally Posted by VerySafeDriver

1. Do you think the judge will find me to be partially liable here, reduce my fine or at least don't put any points on my driving record if I contest the ticket? Or do you think it is a lost cause since it is going to be my word against the police officer?

The penalties don't often allow for a whole lot of wiggle room. Most fines and penalties are set out before the judge and, depending on the court, it is usually the minimum fine assessed anyway.

And it is the DMV assigning the points. I do not believe that the judge can direct the DMV NOT to assign a point for the violation.

2. If I contest my ticket and lost, do I have to pay any court fee in conjuction with the $147 ticket. Also, if I lost, will my option of going to traffic school be denied by the judge?

The court costs can be added, yes. And if you lose, most CA courts will not offer traffic school as an option at that point. It is possible - just not likely.

- carl

[Pugilist]

I always go to a court trial on my tickets, because very often the officer does not show up. If he doesn't show up, the case is dismissed.

They "dangle" traffic school to discourage you from going to trial, by suggesting that you will lose your chance to go to traffic school if you fight the case. But what they suggest is not true - you do not automatically lose your chance at traffic school just because you fought the case. The judge can still grant it to you, if he is willing. Some are, some aren't. It's easy to find out which way "your" judge goes - go watch some of his trials, see if he gives school to those who have lost.

You should check it all out, before you give up. You could even try posting on some newsgroups or forums that attract a lot of people from your town or county - some of the people who reply will have the inside info and will be very happy to share it.

Pug