Information is served .The ball is in your court.
1-21-08
DeeDeeDee
Pass on Right Safely
21755. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.
In CA. a driver can request a copy of the officer's notes, a copy of the front and back of the traffic ticket, a copy of the video if one was made, and other written evidence the officer plans to testify to in court. Information on how to request Discovery can be found by typing in Discovery for Traffic Tickets on Google.
A Google search to Help! I Got A Ticket! gives a concise description of Discovery as well as a form that can be downloaded. This website also describes the court process from start to finish and there is an E:mail address to ask for advice about your traffic ticket.
A book published by NOLO on fighting traffic tickets in CA. has complete information from Discovery thru the court system as well as forms which can be copied. This book and is likely available at a local library.
A Trial by Declaration can also be filed which is best filed after Discovery is received. The driver states why he isn't guilty, the officer states why he is and the judge decides. If the judge finds the driver guilty, the driver can request a new trial with a different judge.
Instructions on A Trial by Declaration can be obtained from the website above, the book published by NOLO, or by simply typing in Trial by Declaration on Google.
If Discovery isn't answered within 15 days after receipt by the D.A.
the driver can request dismissal of his case. It the officer fails to appear in court, then the case is normally dismissed for lack of prosecution. If a trial isn't held within 45 days after arraignment then the driver can request dismissal because he wasn't granted a speedy trial.
From your post you indicate that this was an unusual, temporary
position you were in, caused by the confusion of a serious accident and a patrol car which veered off on the shoulder. You state that you weren't deliberately passing cars on the right shoulder( which VC21755 is meant to prevent) and once you followed the officer it was unsafe for you to get back on the crowded road.
Some lawyers will consult for free once or charge a modest fee
($50.00?). to advise the driver of his options.
The Law of Necessity has been upheld as a valid defence in certain situations as shown by a case where the driver violated a vehicle code, but was found not guilty because what she did was a safer choice than adhering to the strict wording of the law.
An excerpt from this case follows:
"The elements of the affirmative defense of necessity are that: (1) the person claiming the defense was without blame in occasioning or developing the situation, and (2) the person reasonably believed that his conduct was necessary to avoid a greater public or private injury than that which might reasonably have resulted from his conduct. [citation.] This defense is viewed as involving the choice between two admitted evils where other optional courses of action are unavailable [citation], and the conduct chosen must promote some higher value than the value of literal compliance with the law [citation]." People v. Janik, 127 Ill. 2d 390, 399, 537 N.E.2d 756, 760 (1989).
Total text can be found by --Law of Necessity as it pertains to traffic tickets--typed in on Google Search /then clicking on
FindLaw for Legal Professionals - Case Law, Federal and State ...During deliberations, the jury posed the following question: “Necessity Defense--is there a law that says it is acceptable to drive car [sic] under the
This is a Illinois case but the Law of Necessity applies to ALL states.
A driver also has the option of traffic school to remove points from his ticket whether or not he chooses to fight the traffic ticket because he thinks it was unfairly given &/or he wants his day in court.
Best Regards,
Hey There