[rosensh]

I was dropping someone off outside a restaurant on a stretch laden with cops (there were a sea of them giving tickets). Although the sign in front of the restaurant said "Tow Away No Parking," officers had 3 cars lined up giving tickets and no place for me to pull over and let my passenger off. I pulled in front of an entryway, let the passenger out, and turned on my blinker to get out.

Then my cell phone rang and I lifted it and said "let me call you back." One of the 5 cops to my left walked to my window and said "you're disrespectful for answering your phone" and proceeded to harrass me including a sobriety test (which I passed).

He wrote me a ticket for "Impeding Traffic" since there was a transition lane from 3 lanes to 2 that ended about 20 feet behind me. I was completely out of traffic and he actually kept me in that lane for nearly 25 minutes. He stated CA DMV Code 21654(a) which is for Slow Moving Vehicles but seems to apply mostly to right-hand lane driving or highway driving.

The ticket was excessive and another cop actually apologized while I was waiting (couldn't see name on his badge though). Also, the officer listed the incorrect Make & Color of my vehicle despite the correct license plate.

By the way, I do have a witness (my fiance) who was in the car the entire time.

I know I have to hone in on a defense. What do you suggest? How should I proceed?

[rosensh]

dismissal.

[Mr. Knowitall]

I don't have a clear enough sense of what happened, of the traffic layout, or for that matter why you stopped the way you did, to make any sort of assessment of the ticket or whether it should have been issued. I highly recommend that if you fight this ticket you use maps (e.g., from the Google Maps service) to demonstrate the layout of the area and where the cars were stopped.

The statute you mention provides,

(a) Notwithstanding the prima facie speed limits, any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or
driveway.

(b) If a vehicle is being driven at a speed less than the normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of subdivision (a) of this section.

(c) The Department of Transportation, with respect to state highways, and local authorities, with respect to highways under their jurisdiction, may place and maintain upon highways official signs directing slow-moving traffic to use the right-hand traffic lane
except when overtaking and passing another vehicle or preparing for a left turn.

That was probably a clerical error. He probably meant to cite:

(a) No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:

(1) When necessary to avoid injury or damage to persons or property.

(2) When required by law or in obedience to a peace officer or official traffic control device.

(3) When any person is actually engaged in maintenance or construction on freeway property or any employee of a public agency is actually engaged in the performance of official duties.

(4) When any vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled
vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the donor for the specific purpose of summoning assistance, other than towing service, from the donor.

(5) Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.

(6) Where necessary for any person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.

(7) When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.

(b) A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.

[DaveBis]

Get a copy of your cell phone bill that shows the call length.....