Results 1 to 8 of 8
  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Unsafe Passing on the Right Ticket, California VC 21755

    My question involves traffic court in the State of: California. I was recently driving to a friend's house who lives at a "T" intersection with stop signs, along the T. As I approached his house (just to the right of the stop sign) there is a car in front of me. It stops at the limit line and as it does so, I signal and pull over to the right to park on the street in front of the house. As I do so I cross the bike lane into the area reserved for parking and park what equates to about the middle of the intersection. Next thing I know an officer is pulls up to my car and asks why I ran the stop sign. I answer back, "I didn't, I was merely pulling over to park and I didn't run the stop sign because the limit line does not extend beyond the bike lane." He takes me info, comes back and tells me how I could have caused an accident had that car chosen to pull off to the right at that instant (which was bogus because the car didn't signal and it pulled away before I even parked) and that I shouldn't pass to the right.

    I am going to fight this ticket in court and I was wondering what my chances of winning are.
    The Code states:
    Pass on Right Safely

    21755. (a) The driver of a ( )1 vehicle may overtake and pass another vehicle upon the right only under conditions permitting ( )2 that movement in safety. In no event shall ( )2 that movement be made by driving off the paved or maintraveled portion of the roadway.

    (b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.

    Seeing how I was not overtaking and passing a car I believe this ticket is bogus and should be thrown out.

    Thanks for the help!

  2. #2
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,276

    Default Re: Bogus Unsafe Passing on the Right Ticket (California Vc 21755)

    Your description is confusing. Please post a link to Google Maps or a picture showing the intersection.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    Here's the closest I could draw up.

    My car is the orange blob, the blue blob is the car in front of me. At no point was I overtaking, passing, or in front of the blue car, I was at the closest next to it as it pulled away.


  4. #4
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,276

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    Great effort, thanks.

    As far as I can tell, you're not guilty of violating VC 21755. Your chances of winning at a court trial are decent, but a lot will depend on how the officer states his case. What he will have to prove (the "elements") of VC 21755 are:

    1. you were overtaking and passing another vehicle on the right, and
    2. conditions did not permit that movement in safety, OR
    3. that movement was made by driving off the paved or main-traveled portion of the roadway (i.e. shoulder).


    Please see my post in another thread on the best way to get an idea of what the officer will say via trial by declaration and other procedures. Post any questions you have.

  5. #5
    Join Date
    Sep 2010
    Posts
    9,737

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    I'm confused as well. If you went past the stopped blue car, you passed him in the bike lane. The fact that you did so in an attempt to get to a parking space just ahead doesn't change the fact you passed someone on the right by driving off the travelled section of the road.

  6. #6
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,276

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    The argument seems to be that OP did not actually go past ("overtake and pass") the blue car...he signaled and moved into the bike lane while the blue car was stopped at the limit line and the blue car started moving before he passed it. A car can use the bike lane to park or to enter/leave the roadway (VC 21209), so he's OK there. As always, it all depends on what (and how) the officer says.

  7. #7
    Join Date
    Nov 2010
    Posts
    11

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    CA is broke and they dont give a rats ass if you are guilty or not....hell, they dont even care if there is a vehicle code to find you guilty of...... trust me I know!! i'm 37 and in the past got a ticket every 4-5 years. in the last 1.5 years I've gotten 4 cause the state is broke. 2 of the 4 cops flat out lied. 1 told the whole truth but stuck it to me for no good reason other than to take more money from me. And 1 told the whole truth except from 1 HUGE exaggeration that made him either a liar or a total dumbass that shouldnt be given a badge to make judgment calls on others for their driving.
    Look at it like this, I actually asked the judge this in court and all I received back was a blank stare...." How can I possibly show that I wasn't guilty except for going out and getting a bunch of video cameras pointing out of multiple sides of my car recording everything I do EVERY time I drive so when I eventually get pulled over again for a bogus ticket I can actually show im innocent????". In another case I asked the judge at the end "If all the officer has to do is "claim" he saw the speed of 76mph on his LIDAR gun and not bring ANY proof of that to court or even show me out on the street, why do all of our tax dollars pay for these things???". Once again blank stares with nothing to say but pay up and shut up.
    It's scary to realize that all a cop has to do is "say" that you made a right hand turn, or in your case pulling off to the right to park and that you didnt use your blinker or that you even passed up that blue car. either way it doesnt matter cause youre guilty. Trust me when I say you have just as good of luck winning the lottery as you do winning a traffic court case. Twice ive been found guilty when once there wasnt even a DMV code saying what I did was illegal and the other time the cop wrote me up for a VC that didnt even apply to me. It was cause what he wanted to write me up for was moved in 2010 and he was an idiot and didnt read the whole page before he wrote me up. On that one I just turned in a motion to have that thrown out but I know I only have a slim chance of it.....even though it's the judge's duty to uphold the law they dont and just bypass it.

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Unsafe Passing on the Right Ticket, California VC 21755

    Quote Quoting mazda3
    View Post
    At no point was I overtaking, passing, or in front of the blue car, I was at the closest next to it as it pulled away.
    So what was the point of you getting to his right and into the bike lane simply so that you can park past midway in that intersection?

    Anyway... That is your version of events... And while it might be an accurate assessment of what happened, one can only assume (and without seeing the officer's declaration) that the officer's version will vary from yours, otherwise he would not have issued citation for an illegal pass. Fact of the matter is, and based on what you stated in your first post, specifically "Next thing I know an officer is pulls up to my car and asks why I ran the stop sign", he could have cited you for running the stop sign as well. (I'm not saying either citations is or would have been valid, I'm only saying he could have cited you for both).

    Quote Quoting mazda3
    View Post
    Here's the closest I could draw up.
    Great effort indeed. I have to note, however, that you left out any (two) horizontal sidewalks in both green segments in your drawing (thereby leaving no room for a pedestrian to walk across your path of travel to get to the other side of the roadway). And in the slight chance that those may contribute to a longer distance that you had to travel (wider from the officer's view point) before you parked, it might help us view the situation in a better light if you were to post an actual image from that intersection. I understand that you have a friend who lives there so no need to post a link. Simply take a screen shot of the intersection and post it as an image if you can.

    Quote Quoting RHbandit
    View Post
    CA is broke and they dont give a rats ass if you are guilty or not....hell, they dont even care if there is a vehicle code to find you guilty of...... trust me I know!! i'm 37 and in the past got a ticket every 4-5 years. in the last 1.5 years I've gotten 4 cause the state is broke. 2 of the 4 cops flat out lied. 1 told the whole truth but stuck it to me for no good reason other than to take more money from me. And 1 told the whole truth except from 1 HUGE exaggeration that made him either a liar or a total dumbass that shouldnt be given a badge to make judgment calls on others for their driving.
    Look at it like this, I actually asked the judge this in court and all I received back was a blank stare...." How can I possibly show that I wasn't guilty except for going out and getting a bunch of video cameras pointing out of multiple sides of my car recording everything I do EVERY time I drive so when I eventually get pulled over again for a bogus ticket I can actually show im innocent????". In another case I asked the judge at the end "If all the officer has to do is "claim" he saw the speed of 76mph on his LIDAR gun and not bring ANY proof of that to court or even show me out on the street, why do all of our tax dollars pay for these things???". Once again blank stares with nothing to say but pay up and shut up.
    It's scary to realize that all a cop has to do is "say" that you made a right hand turn, or in your case pulling off to the right to park and that you didnt use your blinker or that you even passed up that blue car. either way it doesnt matter cause youre guilty. Trust me when I say you have just as good of luck winning the lottery as you do winning a traffic court case. Twice ive been found guilty when once there wasnt even a DMV code saying what I did was illegal and the other time the cop wrote me up for a VC that didnt even apply to me. It was cause what he wanted to write me up for was moved in 2010 and he was an idiot and didnt read the whole page before he wrote me up. On that one I just turned in a motion to have that thrown out but I know I only have a slim chance of it.....even though it's the judge's duty to uphold the law they dont and just bypass it.
    You seem to have forgotten the discussion we had in your Using "Cause of Action" As a Defense thread... And since your long rant here seems to be somewhat related to the points you tried to make and failed in that other thread, I think you should re-read it as a way to refresh your memory.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: 21755 Passing Safely on Shoulder
    By toddao in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 08-02-2011, 04:50 PM
  2. Traffic Lane Violations: When is Passing on the Right Allowed - VC 21755 Citation
    By tryingtoenterthefreeway in forum Moving Violations and Traffic Tickets
    Replies: 4
    Last Post: 07-01-2010, 04:16 PM
  3. Traffic Lane Violations: Shoulder Passing on a Motorcycle, VC 21755
    By Mikes83 in forum Moving Violations and Traffic Tickets
    Replies: 5
    Last Post: 06-09-2010, 09:00 PM
  4. Traffic Lane Violations: Improper Passing, 21755 VC
    By slroman in forum Moving Violations and Traffic Tickets
    Replies: 5
    Last Post: 01-23-2010, 12:37 AM
  5. Traffic Lane Violations: Accident With Unsafe Passing and Unsafe Speed Violation in California
    By SBJK in forum Moving Violations and Traffic Tickets
    Replies: 4
    Last Post: 09-25-2009, 10:20 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document