Impeding Traffic Ticket, California VC 22400

[boo]

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

As soon I have entered the high way, I drove at the minimum speed limit which is at 50-55. A few cars passed by me as I entered traffic but then moments later, the police offer had signaled me to pull over. I had only been in the highway for less than a minute long ! The cop pulled me over while he was driving, but he was not parked out somewhere where he can catch my slow driving speeds. No siren was used but his lights was turned on indicating me to pull over though. He told me that I was way under the speed limit and has given me a citation for impeding traffic and other things I have forgotten. He did forget to write down the what my speed limit was and the approx. speed limit on the ticket. How will the judge even know what speed limit posted was if the police offer didn't write it down? Can I fight this ticket and have a chance to win because theirs no proof on the ticket for the judge to know the speed limit. Also, I was on the right lane.

[That Guy]

As soon I have entered the high way, I drove at the minimum speed limit which is at 50-55. A few cars passed by me as I entered traffic but then moments later, the police offer had signaled me to pull over. I had only been in the highway for less than a minute long !

Here is 22400:

Minimum Speed Law

22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

You'll note that there is no minimum/maximum time limit that you have to impede traffic for before you're actually considered in violation.

The cop pulled me over while he was driving

That is how it usually happens...

...but he was not parked out somewhere where he can catch my slow driving speeds.

Well, you don't get penalized by how many mph's you were under the limit, only that you were impeding the normal flow of traffic... And I think that could be easily established with or without an actual speed.

No siren was used but his lights was turned on indicating me to pull over though.

They usually don't resort to using the siren unless absolutely necessary... And by the time that happens, they aren't too happy that you ignored their lights, so it worked out in your favor.

He told me that I was way under the speed limit and has given me a citation for impeding traffic and other things I have forgotten.

You mean other things that you are not disputing? You're only disputing the impeding traffic citation, even though you admit to driving slower than traffic and also admit that cars were passing you?

He did forget to write down the what my speed limit was and the approx. speed limit on the ticket. How will the judge even know what speed limit posted was if the police offer didn't write it down? Can I fight this ticket and have a chance to win because theirs no proof on the ticket for the judge to know the speed limit. Also, I was on the right lane.

Well, if you contest the citation, the officer will be there to testify so he'll get to tell his side of the story!

[boo]

Here is 22400:

Minimum Speed Law

22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

You'll note that there is no minimum/maximum time limit that you have to impede traffic for before you're actually considered in violation.



That is how it usually happens...



Well, you don't get penalized by how many mph's you were under the limit, only that you were impeding the normal flow of traffic... And I think that could be easily established with or without an actual speed.



They usually don't resort to using the siren unless absolutely necessary... And by the time that happens, they aren't too happy that you ignored their lights, so it worked out in your favor.



You mean other things that you are not disputing? You're only disputing the impeding traffic citation, even though you admit to driving slower than traffic and also admit that cars were passing you?



Well, if you contest the citation, the officer will be there to testify so he'll get to tell his side of the story!

how will the judge even know how fast i was driving because the officer had forgotten to input the approx. speed and speed limit down? without the details , i'm assuming that the ticket should be dismissed?

[California student]

how will the judge even know how fast i was driving because the officer had forgotten to input the approx. speed and speed limit down? without the details , i'm assuming that the ticket should be dismissed?

Because when your case goes to trial (assuming you plead not guilty), the officer will testify to the speed you were going.


Edit:
Actually, since this is a violation regarding the regulation of speed of the vehicle (in this case too slow instead of too fast), shouldn't 40503 apply?

40503. Every notice to appear or notice of violation and every complaint or information charging a violation of any provision of this code regulating the speed of vehicles upon a highway shall specify the approximate speed at which the defendant is alleged to have driven and exactly the prima facie or maximum speed limit applicable to the highway at the time and place of the alleged offense and shall state any other speed limit alleged to have been exceeded if applicable to the particular type of vehicle or combination of vehicles operated by the defendant.

[boo]

Because when your case goes to trial (assuming you plead not guilty), the officer will testify to the speed you were going.




Edit:
Actually, since this is a violation regarding the regulation of speed of the vehicle (in this case too slow instead of too fast), shouldn't 40503 apply?

40503. Every notice to appear or notice of violation and every complaint or information charging a violation of any provision of this code regulating the speed of vehicles upon a highway shall specify the approximate speed at which the defendant is alleged to have driven and exactly the prima facie or maximum speed limit applicable to the highway at the time and place of the alleged offense and shall state any other speed limit alleged to have been exceeded if applicable to the particular type of vehicle or combination of vehicles operated by the defendant.

Well I don't know. I got written up for 22400 VC CA. Even said on my ticket.

Yes I know he will testify to the speed that I was going but then then I can tell that the police was incorrect when he had told me what my speed limit was. Basically, its a 50/50 chance on who's the judge going to believe. Me or the Officer at which there is no proof because the officer forgot to write down the speed limit and approx. speed I was traveling when I had signed the ticket , and got the defendant copy. Or... the judge can just dismiss the ticket since. The judge don't know what speed I was traveling because it doesn't say on the ticket!

[California student]

Well I don't know. I got written up for 22400 VC CA. Even said on my ticket.

40503 isn't a chargeable section. It contains the requirements for a notice to appear.

Yes I know he will testify to the speed that I was going but then then I can tell that the police was incorrect when he had told me what my speed limit was. Basically, its a 50/50 chance on who's the judge going to believe. Me or the Officer at which there is no proof because the officer forgot to write down the speed limit and approx. speed I was traveling when I had signed the ticket , and got the defendant copy. Or... the judge can just dismiss the ticket since. The judge don't know what speed I was traveling because it doesn't say on the ticket!

1. It's not a 50/50 chance that the judge will take one story over another. It's more like 99/01 chance that the judge will take the officer's story over yours.

2. Outside of procedural arguments (i.e. the citation doesn't follow the law, therefore the citation is invalid. These arguments must be made at arraignment however), the citation doesn't mean much when it comes to speeds. In California, you aren't going to be convicted based on what is written on the citation. You can (will) be convicted based on what the officer testifies. If you go to trial, be it trial by declaration (mail) or trial in a court room, the officer will testify for you to be convicted.

[jk]

Here is 22400:

Minimum Speed Law

22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

You'll note that there is no minimum/maximum time limit that you have to impede traffic for before you're actually considered in violation.

Ya gotta love it. Using the argument "I was just keeping up with traffic" doesn't get you out of a ticket but if the speed limit is 55 and everybody is driving 75 except for you, you can get a ticket for not keeping up with traffic.

[California student]

Ya gotta love it. Using the argument "I was just keeping up with traffic" doesn't get you out of a ticket but if the speed limit is 55 and everybody is driving 75 except for you, you can get a ticket for not keeping up with traffic.

Did you miss the "unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law"?

[jk]

Did you miss the "unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law"?

Ok, so you are saying the OP here is not guilty if he was driving within a reasonable percentage of the posted limit? Unless the OP was on a 70 mph + posted road, 50-55 should be adequate to not be going too slowly.

[boo]

Ok, so you are saying the OP here is not guilty if he was driving within a reasonable percentage of the posted limit? Unless the OP was on a 70 mph + posted road, 50-55 should be adequate to not be going too slowly.

The highway I entered had no posted speed limit.

I find that many cars are passing by me (50-55mph) on the right lane is because they want to drive faster than the speed limit which is breaking the law.

I know I deserve this ticket/citation or whatever you call it if I in the left or middle lane but the entire time, I was caught on the right lane after I had merged onto the freeway. The cop doesn't know but I can tell the judge that I had entered the right lane of traffic when merging and the officer had pulled me over. What can you expect on a old vehicle.