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  1. #1
    Join Date
    Feb 2011
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    3

    Default Cited for a Right Turn from Improper Position, but Never Turned Right

    My question involves a traffic ticket from the state of: California.

    I received a ticket for right turn from an improper position, but i never turned right. it is actually impossible to turn right on the street i was in.

    when i approached the stop sign i was in the left lane(designated to turn left). there was only one more lane to the right of me, and it is to go straight as there are no more lanes because it is impossible to turn a right. after i made a stop at the left most lane i proceeded to go straight. did the officer give me a ticket for the wrong offense?

    If i understand correctly a violation of cv 22100 a is when turning upon a highway.
    but i was driving on a sub urban street. or am i wrong and highways can be classified as sub urban streets?

  2. #2
    Join Date
    Jul 2010
    Posts
    2,540

    Default Re: Cited for a Right Turn from Improper Position, but Never Turned Right

    There are several CA officers on here that can give you a more accurate answer but it looks to me like you were simply cited for the wrong offense. You may receive an amended citation in the mail. If they fail to amend it, you may be able to get it dismissed in court. Again, more learned CA minds will weigh in.

  3. #3
    Join Date
    Feb 2011
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    3

    Default Re: Cited for a Right Turn from Improper Position, but Never Turned Right

    i hope the citation is not amended, is there a high chance i may get lucky?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,147

    Default Re: Cited for a Right Turn from Improper Position, but Never Turned Right

    Quote Quoting A5Turbo
    View Post
    I received a ticket for right turn from an improper position, but i never turned right. it is actually impossible to turn right on the street i was in.

    when i approached the stop sign i was in the left lane(designated to turn left). there was only one more lane to the right of me, and it is to go straight as there are no more lanes because it is impossible to turn a right. after i made a stop at the left most lane i proceeded to go straight. did the officer give me a ticket for the wrong offense?

    If i understand correctly a violation of cv 22100 a is when turning upon a highway.
    but i was driving on a sub urban street. or am i wrong and highways can be classified as sub urban streets?
    A "highway" is defined thus:

    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.

    As for the violation, were you actually cited for CVC 22100(a)?

    If so, here is that violation:

    22100. Except as provided in Section 22100.5 or 22101, the driver
    of any vehicle intending to turn upon a highway shall do so as
    follows:
    (a) Right Turns. Both the approach for a right-hand turn and a
    right-hand turn shall be made as close as practicable to the
    right-hand curb or edge of the roadway except:
    (1) Upon a highway having three marked lanes for traffic moving in
    one direction that terminates at an intersecting highway
    accommodating traffic in both directions, the driver of a vehicle in
    the middle lane may turn right into any lane lawfully available to
    traffic moving in that direction upon the roadway being entered.
    (2) If a right-hand turn is made from a one-way highway at an
    intersection, a driver shall approach the turn as provided in this
    subdivision and shall complete the turn in any lane lawfully
    available to traffic moving in that direction upon the roadway being
    entered.
    (3) Upon a highway having an additional lane or lanes marked for a
    right turn by appropriate signs or markings, the driver of a vehicle
    may turn right from any lane designated and marked for that turning
    movement.

    As such, if you never made a right hand turn it would seem the incorrect section. What did he tell you that you did wrong? That might help us figure out what he intended to cite you for.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Cited for a Right Turn from Improper Position, but Never Turned Right

    As such, if you never made a right hand turn it would seem the incorrect section. What did he tell you that you did wrong? That might help us figure out what he intended to cite you for.

    On th ticket it states: 22100 a right turn from imp pos.
    All I did was go straight on a lane directed to go left.
    I can't recall specifically what the officer told me what I did was illegal
    I do remember that at first he said I didn't stop at the sign when I am positive that I did, I even stopped more than Usual to check it was safe, but he never cited me for failure to stop at a stop sign.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,147

    Default Re: Cited for a Right Turn from Improper Position, but Never Turned Right

    Quote Quoting A5Turbo
    View Post
    As such, if you never made a right hand turn it would seem the incorrect section. What did he tell you that you did wrong? That might help us figure out what he intended to cite you for.

    On th ticket it states: 22100 a right turn from imp pos.
    All I did was go straight on a lane directed to go left.
    I can't recall specifically what the officer told me what I did was illegal
    I do remember that at first he said I didn't stop at the sign when I am positive that I did, I even stopped more than Usual to check it was safe, but he never cited me for failure to stop at a stop sign.
    Sounds like he wrote the wrong section. If not amended, you ought to prevail at trial.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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