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  1. #1
    Wisenut is offline Junior Member
    Join Date
    Apr 2008
    Posts
    4

    VC21755 Violation

    What is the name of your state? California

    Hi,

    I was merging on 60 W freeway near Diamond bar area California. The traffic was slow about 15mph. There was a truck on next left lane behind my car. The lane was merging in to freeway . I merged on free way to overpass the truck, in doing so my right tyres went into right shoulder. Officer on Bike stop me and gave me ticket VC 21755. (passing on RT shoulder).

    How can I defend the ticket. I already have traffic school and one ticket on my record. I donot want any other ticket on my record.

    Do anyone knows about law defenses and california law to fight the ticket. I have to use them in trial by declaration.

    I will highly appreciate the suggestion, co-operations and advices in this regard,

    Thanks
  2. #2
    efflandt is offline Senior Member
    Join Date
    Feb 2005
    Location
    Elgin, IL USA
    Posts
    1,098
    You have admitted your guilt. So what defense could there possibly be?
  3. #3
    Hey There is offline Member
    Join Date
    Aug 2007
    Posts
    386

    Post Information To Help You Decide What To Do

    4-6-08 Wisenut V.C. 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. drivers can ask for a copy of the officer's notes, a copy of the front and back of the ticket, a copy of the video if one was made, and other evidence that the officer plans to use at trial. Penal Code 1054.1 thru 1054.7 not only states this as a driver's right but that if the information requested isn't given within 15 days, the driver can petition the court to dismiss his case or compel Discovery among other sanctions.
    Discovery obtained before Arraignment ,before a plea is entered .or before preparing a Trial by Declaration ,gives a driver a better idea of what his viable options are.
    How to file for Discovery can be found by typing in Discovery for Traffic Tickets on Google and
    Help! I Got A Ticket! in addition to info on Discovery has a form to download.
    A friend needs to mail copies of the driver's request for Discovery, certified, return receipt, to the D.A. and the officer who issued the citation and give the driver a signed copy that he has mailed the copies (Proof of Service).
    To file a Trial by Declaration a sheet of instructions and a form to submit along with a statement can be obtained from a court clerk.
    If the judge rules against the driver then he can ask for a new trial if done within 20 days.
    If a driver has gone to Traffic School for a ticket within the last 18 months, he cannot go to the standard 8-hour Traffic School for this citation.However there is a second chance driver's school.
    2nd Chance Traffic School for Ca. Drivers on Google
    a 12 hour course rather than 8 would give you some information reagarding this.
    necessity defence for traffic tickets typed in the Google Search Window brings up a page of websites with information for a driver considering contesting his ticket including the necessity defence.
    A book published by NOLO, likely available at a local library has detailed instructions on all aspects of contesting a traffic ticket.

    Best Regards,
    Hey There
  4. #4
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,925
    Quote Originally Posted by Hey There View Post
    necessity defence for traffic tickets
    There is no necessity defense. OP could have simply allowed the truck to pass before merging. It was his own decision to attempt to merge in front of the vehicle, instead of behind it.

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