Unsafe Lane Change ticket

[msgnkgonk]

What is the name of your state (only U.S. law)? California

This morning my husband was riding in the carpool lane when he noticed that there were three ChP officers in the lane as well as a tow truck...an accident had occurred in the carpool lane. He proceeded to change lanes out of carpool and into fast lane (lane!?) anyhow, one of the officers motioned for him to pull over and proceeded to give him a ticket. when he mentioned to him that there was an accident and he wanted to go around it as the drivers both in front of him as well as behind him were doing the officer replied, "so?". he gave him a ticket for unsafe lane change and on the ticket the officer wrote that he was changing lanes from fast lane(lane 1) into carpool lane (don't know if this matters since its wrong). I've done this before...if there's an accident or a stalled car you have to go around it, right? My question is...can he fight this in court or is it completely pointless?
Thanx for any advice!What is the name of your state (only U.S. law)?

 

[JIMinCA]

Of course he can fight it in court... it is a bogus charge.

 

[Zigner]

Of course he can fight it in court... it is a bogus charge.

Brilliant - based on THAT information, you concluded it was a bogus charge? He wasn't charged with improperly exiting the carpool lane (which WOULD be a bogus charge). He was charged with an UNSAFE lane change. How can you determine that he didn't cut somebody off in his rush to exit the carpool lane?

 

[VeronicaLodge]

not that this has anything do to wthi helping the OP but i find the different laws in different states funny. in TN you actually have to mover over to another lane when someone is pulled over in a lane of traffic or on the shoulder and you can get a ticket for not moving over, even if traffic is heavy and there are people in the lane and you can not possibly move over without causing another accident, you can still get a ticket and in court they dont care if "you couldnt move over" i guess you are supposed to slam on the breaks and just stop in rush hour traffic going in excess of 60 miles an hour.

 

[JIMinCA]

The charge is bogus becuase of the mitigating circumstances. Isn't it obvious? Zigner, I suppose if your wife was delivering a baby and you had to get her to the hospital, you would be cautious enough to diligently observe the posted speed limit and adhere to such??? Do you think getting a speeding ticket under those circumstances would be OK? Well... maybe for you... but I guess the hypothetical question would be posed to a reasonable person.

 

[Zigner]

The charge is bogus becuase of the mitigating circumstances. Isn't it obvious? Zigner, I suppose if your wife was delivering a baby and you had to get her to the hospital, you would be cautious enough to diligently observe the posted speed limit and adhere to such??? Do you think getting a speeding ticket under those circumstances would be OK? Well... maybe for you... but I guess the hypothetical question would be posed to a reasonable person.

What mitigating circumstances? The OP, who was operating his vehicle in such a manner so as to be able to safely stop if necessary, should not have change lanes if it wasn't safe to do so. As was mentioned, he did NOT get a ticket for exiting the HOV lane - he got a ticket for the unsafe way in which he exited it.

As for the rest of your irrelevant, hypothetical post...well, it's irrelevant and hypothetical

 

[caslerst]

It's interesting that in one post, JIMinCA thinks someone should get out of a ticket because the date on the ticket is wrong and that, based on the letter of the law, the driver is innocent. Zigner disagrees and says no judge is going to go for that, it's the spirit of the law and technicalities don't matter.

In this post, Zigner is sticking to the letter of the law and JIMinCA is, sort of, using the spirit of the law arguement.

 

[Zigner]

It's interesting that in one post, JIMinCA thinks someone should get out of a ticket because the date on the ticket is wrong and that, based on the letter of the law, the driver is innocent. Zigner disagrees and says no judge is going to go for that, it's the spirit of the law and technicalities don't matter.

In this post, Zigner is sticking to the letter of the law and JIMinCA is, sort of, using the spirit of the law arguement.

The law allows correction of a minor error on the ticket, as was made in the incorrect date situation.

In THIS case, the OP's hubby is charged with an unsafe lane change. That means he cut somebody off when he changed lanes (or something along those lines...we don't have the specifics). Had he been ticketed for improperly exiting the HOV lane, then I'd be right there arguing that it would have been allowable, under California law, for him to exit as he did. Jim, on the other hand, is arguing something totally unrelated to the actual situation in THIS thread.

 

[JIMinCA]

It seems to me that Jimbo was simply responding to the OP's post. In it, she describes a benign lane change and an arrogant cop. That's what I based my post on.

Zigner's post speculates on the OP's thread title.

OP... what section of the vehicle code were you charged with?

 

[VeronicaLodge]

actually she just described a lane change and a cop. you are adding in benign and arrogant, those are opinions of yours and you weren't there.

 

[Hey There]

Ball is in your court

can he fight this in court or is it completely pointless?

A driver cited for a traffic violation entering a not guilty plea is asking that the citation either be proved in court or that his case be dismissed.(Rights of a cited Driver can be found on the webite Speeding Ticket--Fighting or Plea Bargaining(Google Search).

In Ca. a driver is entitled to Discovery. This means a driver can request a copy of the officer's notes (usually written on the back of the ticket), a copy of the front and back of the Notice to Appear, a copy of the video if one was made etc. A form to file for Discovery can be Downloaded from Help! I Got A Ticket! website as well as instructions . Copies of the driver's request for Discovery should be mailed certified, return receipt, to the D.A. and the citing officer by a FRIEND of the driver.
An alternative is to copy a Informal Discovery Request from the back of a book published by NOLO dealing with contesting traffic tickets in CA.

The driver can also request a continuance BEFORE arraignment and not give up his right to a speedy trial.
Arraignment is where the driver enters a plea.

Or a CA driver can request a Trial by Declaration. If the driver is ruled against , then the driver may request a new trial with a different judge if done within twenty days.
Forms for a Trial by Declaration(1 with instructions,TR200 and the other to submit TR205) are available from a court clerk or from the above mentioned website or book.

Reading VC22107 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.
Fact: No rubber laid ,no horns sounded, no swerving, indicates that a movement was done with reasonable safety.

Best Regards,
Hey There

 

[Zigner]

Fact: No rubber laid ,no horns sounded, no swerving, indicates that a movement was done with reasonable safety.

Fact: In an emergency situation, the horn is one of the LAST things one should reach for. Why? Because one should be more concerned with moving one's vehicle to safety in a controlled fashion.
Fact: Many cars have antilock brakes. No rubber laid.
Fact: On a crowded freeway, one may be FORCED (by the traffic around) to stop one's car in a straight line (ie: no swerving).
Fact: Someone can change lanes in front of someone else without it being done in a reasonably safe manner, yet due to proper defensive driving techniques, an accident would be avoided. This is in spite of the reasons you gave as to why it would be considered a safe movement.

Fact: Your logic is flawed on all counts.

 

[JIMinCA]

Fact: In an emergency situation, the horn is one of the LAST things one should reach for. Why? Because one should be more concerned with moving one's vehicle to safety in a controlled fashion.
Fact: Many cars have antilock brakes. No rubber laid.
Fact: On a crowded freeway, one may be FORCED (by the traffic around) to stop one's car in a straight line (ie: no swerving).
Fact: Someone can change lanes in front of someone else without it being done in a reasonably safe manner, yet due to proper defensive driving techniques, an accident would be avoided. This is in spite of the reasons you gave as to why it would be considered a safe movement.

Fact: Your logic is flawed on all counts.

Fact: All of your facts are actually opinions. And bad ones at that.

 

[Zigner]

Fact: All of your facts are actually opinions. And bad ones at that.

So, now it comes out Jim -

You don't give a hoot about SAFE day-to-day driving

 

[msgnkgonk]

Unsafe lane change

hi!

he was charged with vehicle code 21655.8(9)...and the officer seemed to be having quite a morning...he called my husband a buckethead...if your going to issue a ticket, issue the ticket and be done with it...there's no need to be rude about it.
p.s he did not swerve or did other cars around him, cut off any other drivers or hear any horns...
thanx!