unfair traffic ticket

[SelmaLaura]

What is the name of your state? California

On the first day of school there was a line of cars dropping their children off along the curve. I saw a car that was pulling out, so I drove slowly aside from the cars that were parked to try to park to drop my child off. I could not fit quite fit into the parking slot so I somewhat parked and asked my daughter to make eye contact with the car that was behind us to signal that she was coming out, the man in the car looked at us and stayed parked. There was no one honking trying to get through. The road is so wide that you can actually make three lanes on that side of the road, so cars were still getting by,it was a filture in and out type of a thing.

About a quarter of a mile a police officer pulls me over and tickets me for impeding traffic, he states that what I did was very dangerous and they are only implementing this the first two weeks of school. I was trying to figure out, how I was impeding traffic and told him that I did not realize that l had done that. I saw him writting up the ticket so I was not about to argue with him. When I picked my daughter from school I saw another officer standing along the side of the curve directing traffic so that people did not park in fronot of the school and made it more organize, rather than ticket people.

I pulled up the vehicle citation and and it is in reference to entering a highway in slow speed to impede the oncoming traffic and the freeway traffic.

Do you think it is worth fighting? My thoughts are if it's against the law then it should be implemented all year round not just he first two weeks of school? Where is the consistency between officers?

Any thougths? Help !!!

[The Occultist]

Please provide the code you were cited for.

[Zigner]

Yes - please give the code section. However, I am going to predict that your cite was valid. What you did was illegal and VERY dangerous.

[Hey There]

In Ca. you're entitled to the officer's notes, copy of the video, and all other information he plans to use at court.
This is called an Informal Discovery Request. A sample form can be copied from Fight Your Ticket & Win in California by Attorney David W. Brown. The book also contains instructions to fill out Discovery Chapter 10, Page 5. Your local library should have a copy or be able to obtain a copy for you.
A discovery request should be hand delivered or mailed certified, return receipt to the D.A. and to the citing officer at his police agency.This must be done by someone other than you!
Alternately, check out Help! I Got A Ticket! This site has instructions on how to apply for discovery and a form you can print out. The person who runs this website will answer questions you have about your citation via E:mail which address he gives on his website.
If you were cited for Impeding Traffic (VC22400(a))
Read this carefully. It states: No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of TRAFFIC (more than 1 car) EXCEPT WHEN reduced speed is NECESSARY for SAFE operation, because of a grade, OR compliance with the law.
Wouldn't leaving a school zone be within the definition that reduced speed is necessary for safe operation?

Regards,
Hey There 9-12-07

[Zigner]

Originally Posted by Hey There

Wouldn't leaving a school zone be within the definition that reduced speed is necessary for safe operation?

No, STOPPING in the middle of the street to discharge passengers is impeding the flow of traffic (and, before you try to argue the difference between "slow" and "stop", just remember that "0" is VERY slow )

[Silverplum]

And to think...children used to be able to use their legs and walk a few feet.

[SelmaLaura]

The citation code is:

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.

Originally Posted by SelmaLaura

What is the name of your state? California

On the first day of school there was a line of cars dropping their children off along the curve. I saw a car that was pulling out, so I drove slowly aside from the cars that were parked to try to park to drop my child off. I could not fit quite fit into the parking slot so I somewhat parked and asked my daughter to make eye contact with the car that was behind us to signal that she was coming out, the man in the car looked at us and stayed parked. There was no one honking trying to get through. The road is so wide that you can actually make three lanes on that side of the road, so cars were still getting by,it was a filture in and out type of a thing.

About a quarter of a mile a police officer pulls me over and tickets me for impeding traffic, he states that what I did was very dangerous and they are only implementing this the first two weeks of school. I was trying to figure out, how I was impeding traffic and told him that I did not realize that l had done that. I saw him writting up the ticket so I was not about to argue with him. When I picked my daughter from school I saw another officer standing along the side of the curve directing traffic so that people did not park in fronot of the school and made it more organize, rather than ticket people.

I pulled up the vehicle citation and and it is in reference to entering a highway in slow speed to impede the oncoming traffic and the freeway traffic.

Do you think it is worth fighting? My thoughts are if it's against the law then it should be implemented all year round not just he first two weeks of school? Where is the consistency between officers?

Any thougths? Help !!!

[CdwJava]

I would have probably cited you for parking too far from the curb ... that's very easy to show.

In your case, the impeding will come dowen to interpretation ... is it impeding if the act COULD have impeded traffic, or is it impeding only when another vehicle IS obstructed? You will have your say in court and the officer will have his or hers. A judge will then decide if the cite is good.

- Carl

[Maestro64]

Originally Posted by SelmaLaura

The citation code is:

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 other obvious thing I see in this code is "Highway" were you on a highway or a residential or other surface street. I could check the vehicle code for definitions and see if they define what a highway is. Because if you were not on a highway and the road you were on did not meet that definition that there is your answer you can not impede traffic on a highway if you were never on one.

I agree with CdwJava, the real ticket is probably parking too far from the curb, keep in mind they can amend the ticket to this statute if you admit to this. You may not be guilt on original ticket but they can find you guilt of something else if you admit to it.

[CdwJava]

Originally Posted by Maestro64

The other obvious thing I see in this code is "Highway" were you on a highway or a residential or other surface street. I could check the vehicle code for definitions and see if they define what a highway is. Because if you were not on a highway and the road you were on did not meet that definition that there is your answer you can not impede traffic on a highway if you were never on one.

I'll preempt this one:

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

She was on a highway.

You may not be guilt on original ticket but they can find you guilt of something else if you admit to it.

I don't think so. If you are at trial for a traffic incident and the charge is incorrect, I do not believe you can be found guilty of something for which you are not on trial. The state can always try to re-file with new charges, but I have never heard of this for traffic offenses. However, some traffic court judges (or judges pro tem) will play fast and loose with the letter of the law at times, so anything is possible.

As an example, if I break into your house by smashing your window and I am charged with burglary, they cannot decide at trial to convict me of vandalism. If it were an included offense, sure.

- Carl

[JustAPal00]

Why didn't you just wait your turn in line like all the other parents? Whe I drop my son off at the CURB in the morning, I just wait like everyone else until the cars ahead have finished, then I pull up!

[melissa rossi]

I think cell phone type of tickets are unfair period. Especially the ones with the walkie talkie feature. My reason behind this is that why can a truck driver use his walkie talkie .The cb or whatever you call it, And that has been around for a long time. Same type of feature ,You have to click and hold a button the same way.Right????I see no one complaining or better yet getting tickets for THAT which is virtually the same thing as being on a phone/walkie talkie.Trucks are larger and can cause accidents just as well as a cars.Another angle is, lets get a cb Talk on that in our cars and see what the cops or lawmakers say after they pull us over. Maybe that will be just another law to be put in place.

[CdwJava]

Originally Posted by melissa rossi

I think cell phone type of tickets are unfair period.

Where did "cell phones" come into this? The cite was for impeding traffic - not for using a cell phone (which is not yet a violation of state law ... it will be next January).


- Carl

[Silverplum]

Originally Posted by CdwJava

Where did "cell phones" come into this? The cite was for impeding traffic - not for using a cell phone (which is not yet a violation of state law ... it will be next January).

I think she was just puttin' her 2cents worth in about "unfair" traffic tickets.

[CdwJava]

Originally Posted by Silverplum

I think she was just puttin' her 2cents worth in about "unfair" traffic tickets.

She coulda phrased it better then ...

"Speaking of unfair tickets ..."

- Carl