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    Default Defenses to a Ticket for Improper Entry Onto Highway, CVC 21804(A)

    My question involves a traffic ticket from the state of: California.
    On July 7, 2012, I got a ticket when I was on my lunch. I was coming out of a Carl's Jr parking lot and want to make a left in 4 lane roadway. On the opposite side, there was a GMC truck in a similar position to mine out of another parking lot (KFC). There were cars coming on the opposite lane so I waited for the last car to clear then I would proceed into the roadway. I also looked at the GMC truck because I was not sure if he was going to come out first or if he was going into the left turn lane as well. I looked at the GMC truck and that he was not moving but appeared to gesture me then I quickly looked to my left and I saw a car (not noticing it was a police car) stopped so I proceeded and made my left. While I was in the roadway, the police car honked at me and gave a gesture with his hand like "what are you doing?!" I completed my left turn and was properly positioned in the left turn lane. He turned on his lights and pulled me over. He asked me if I knew why he pulled me over. I said because I was making a left and left it at that. He said okay and took my info to write my ticket.

    Honestly, there was a reasonable safety as because he stopped fine. It was not like he came to a screeching halt. The fact that he stopped gave me an indication that it was okay for me to go. And wouldn't the second (b) part of the CVC apply to me that "A driver having yielded as prescribed in subdivision (a) may proceed to enter or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right of-way to the vehicle entering or crossing the intersection."


    Anyway, I want to know how much will this cost me in Torrance, CA? And if it's worth it to contest the ticket and if so, how I would go about it? And what defense can I use? I really cannot afford to pay the ticket as I am in school and I barely started this job to save money for school. Any advice is appreciated. Thank you.

  2. #2
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    Default Re: Defense to Contest CVC 21804(A) Violation and Cost of Ticket in California

    Quote Quoting supernova2994
    View Post
    My question involves a traffic ticket from the state of: California.
    On July 7, 2012, I got a ticket when I was on my lunch. I was coming out of a Carl's Jr parking lot and want to make a left in 4 lane roadway. On the opposite side, there was a GMC truck in a similar position to mine out of another parking lot (KFC). There were cars coming on the opposite lane so I waited for the last car to clear then I would proceed into the roadway. I also looked at the GMC truck because I was not sure if he was going to come out first or if he was going into the left turn lane as well. I looked at the GMC truck and that he was not moving but appeared to gesture me then I quickly looked to my left and I saw a car (not noticing it was a police car) stopped so I proceeded and made my left. While I was in the roadway, the police car honked at me and gave a gesture with his hand like "what are you doing?!" I completed my left turn and was properly positioned in the left turn lane. He turned on his lights and pulled me over. He asked me if I knew why he pulled me over. I said because I was making a left and left it at that. He said okay and took my info to write my ticket.

    Honestly, there was a reasonable safety as because he stopped fine. It was not like he came to a screeching halt. The fact that he stopped gave me an indication that it was okay for me to go. And wouldn't the second (b) part of the CVC apply to me that "A driver having yielded as prescribed in subdivision (a) may proceed to enter or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right of-way to the vehicle entering or crossing the intersection."


    Anyway, I want to know how much will this cost me in Torrance, CA? And if it's worth it to contest the ticket and if so, how I would go about it? And what defense can I use? I really cannot afford to pay the ticket as I am in school and I barely started this job to save money for school. Any advice is appreciated. Thank you.

    21804.
    (a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.


    The "reasonable safety" element is only one of two requirements under the code. The primary goal her is to "yield the right of way to all traffic on the roadway". You failed to do that and that is why you were cited.

    This will cost you approximately $234 plus another $64 for traffic school if you choose that option!
    I am right 97% of the time... Who cares about the other 4%!

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