• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

VC-21658A Unsafe lane change Irvine, CA 405N

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jpsoutlook

Junior Member
Hi everyone, I wanted to run this by you.

I was driving northbound on the 405 in the carpool lane, the Culver exit was coming up and I need to exit. I looked around all was clear...there was a car ahead on me in the lane I was going into and a car way behind me (red car). I signaled and changed lanes, and repeated this until i got off the exit when I was pulled over. Now the officer claims he cited me because the car that was behind me braked. He noticed all of this from the #1 lane....so here is my thought on this. There was plenty of space for me to exit, I used my turn signals and some people brake regardless of what is going on. How is the officer truly to say in court that the other car braked because I exited the car pool lane unsafely???
 


Zigner

Senior Member, Non-Attorney
Hi everyone, I wanted to run this by you.

I was driving northbound on the 405 in the carpool lane, the Culver exit was coming up and I need to exit. I looked around all was clear...there was a car ahead on me in the lane I was going into and a car way behind me (red car). I signaled and changed lanes, and repeated this until i got off the exit when I was pulled over. Now the officer claims he cited me because the car that was behind me braked. He noticed all of this from the #1 lane....so here is my thought on this. There was plenty of space for me to exit, I used my turn signals and some people brake regardless of what is going on. How is the officer truly to say in court that the other car braked because I exited the car pool lane unsafely???
You moved in front of another vehicle, causing that other vehicle to apply their brakes. I'm thinking it's a pretty good cite...
 

CdwJava

Senior Member
That depends if you hit your brakes prior to changing lanes, and the guy behind you slammed on his brakes to avoid a crash and lurched, then MAYBE it's a good cite. Unless you rapidly decreased your speed prior to the lane change, or performed some other unsafe act, the vehicle behind you should have been traveling at a sufficient distance to not be directly affected by your simple lane change. If he was affected by your lane change, I might have been more inclined to cite the driver behind you.

When you go to court, make your case for reasonable doubt. This is a very subjective citation so you might get unlucky and get a judge that thinks as the officer does. A trial by written declaration might be best to try first.

- Carl
 

Jim_bo

Member
You moved in front of another vehicle, causing that other vehicle to apply their brakes. I'm thinking it's a pretty good cite...
You think every cite is a good cite....

There is nothing in the OPs statement that implies that the car behind hit the brakes BECAUSE of the OP's lane change. In fact the OP reports the car was "way behind me". Just because the OP changed lanes and someone's brakes were applied does NOT make a cause and effect relationship. Even if it did, there is nothing that we see here indicating that the red car driver wasn't simply over-reacting.

Carl is right, this is subjective. You should be prepared to cross examine the cop diligently to establish reasonable doubt. Think about what he may say and questions he you can ask that diminish his position. Just make sure you have a very good idea of what his answer will be to your questions.
 

Jim_bo

Member
That is simply not true.
Your record speaks for itself. I have several times challenged you to produce 5 links to threads where you were actually helpful out of the tens of thousands of posts you have made and you still can't do it. I get tired of reading your posts where you try to tell every OP that he is wrong, has no defense and he is immorral if he tries to provide any defense against the charges. You have no idea what being helpful is about. The only thing you have ever helped is your overblown sense of self importance.
 

Zigner

Senior Member, Non-Attorney
Your record speaks for itself. I have several times challenged you to produce 5 links to threads where you were actually helpful out of the tens of thousands of posts you have made and you still can't do it. I get tired of reading your posts where you try to tell every OP that he is wrong, has no defense and he is immorral if he tries to provide any defense against the charges. You have no idea what being helpful is about. The only thing you have ever helped is your overblown sense of self importance.
Again, not true.

Also, I am not here to make you feel warm and fuzzy. If you don't like my posts, don't respond to them.
 

jpsoutlook

Junior Member
Thanks for taking time to read and respond. I think the main reason I was cited is because I was driving a C55 AMG Merc. I belive the red car was over reacting as many drivers do, and it was getting close to the end of the month so CHP is just looking for reasons to write $400+ tickets.
 

Zigner

Senior Member, Non-Attorney
Thanks for taking time to read and respond. I think the main reason I was cited is because I was driving a C55 AMG Merc. I belive the red car was over reacting as many drivers do, and it was getting close to the end of the month so CHP is just looking for reasons to write $400+ tickets.
Or, the CHP could be citing people for driving unsafely :rolleyes:
 

CdwJava

Senior Member
Thanks for taking time to read and respond. I think the main reason I was cited is because I was driving a C55 AMG Merc. I belive the red car was over reacting as many drivers do, and it was getting close to the end of the month so CHP is just looking for reasons to write $400+ tickets.
What does the end of the month have to do with anything? It's not like they get a toaster for the most cites issued in a month.

- Carl
 

Jim_bo

Member
Thanks for taking time to read and respond. I think the main reason I was cited is because I was driving a C55 AMG Merc. I belive the red car was over reacting as many drivers do, and it was getting close to the end of the month so CHP is just looking for reasons to write $400+ tickets.
I think Carl is right... the end of the month has nothing to do with it. Now, with CA being at the end of their budget... THAT has something to do with it.

Are you guys blind, or have you not seen an increase in diligence for "enforcing traffic laws"? My wife works as a consultant in nursing homes and she has seen a drastic increase in fines being issued by the state in many homes. Maybe all of these things happening at the same time the state is going bankrupt is just a coincidence.... and maybe monkeys will fly out of my butt!
 

CdwJava

Senior Member
I must have missed the memo from the state that asked or commanded us to increase our traffic enforcement so they can make more money somehow ... hmmm ... (of course those fines and fees do not go directly into the General Fund, and are largely earmarked for special accounts, but that's a diferent discussion)

In fact, the state's financial mess will have the opposite effect - at least from local agencies. With fewer officers there is less discretionary time and thus less time to enforce traffic laws. So, the current state of affairs will actually result in decreased citations - at least at the local level. The CHP, well, they have ALWAYS written citations as that is their primary function.

- Carl
 

Zigner

Senior Member, Non-Attorney
I think Carl is right... the end of the month has nothing to do with it. Now, with CA being at the end of their budget... THAT has something to do with it.

Are you guys blind, or have you not seen an increase in diligence for "enforcing traffic laws"? My wife works as a consultant in nursing homes and she has seen a drastic increase in fines being issued by the state in many homes. Maybe all of these things happening at the same time the state is going bankrupt is just a coincidence.... and maybe monkeys will fly out of my butt!
I'm sorry - I'm missing the connection between fines being issued in nursing homes and the enforcement of traffic laws.
 

Jim_bo

Member
I must have missed the memo from the state that asked or commanded us to increase our traffic enforcement so they can make more money somehow ... hmmm ... (of course those fines and fees do not go directly into the General Fund, and are largely earmarked for special accounts, but that's a diferent discussion)
It is irrelevant which fund it goes to.... it all goes to the state!

In fact, the state's financial mess will have the opposite effect - at least from local agencies. With fewer officers there is less discretionary time and thus less time to enforce traffic laws. So, the current state of affairs will actually result in decreased citations - at least at the local level. The CHP, well, they have ALWAYS written citations as that is their primary function.

- Carl
I never said CA was smart.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top