21806(A)(1) and Probability of Winning TWD

[needhelp88]

I posted this question a few weeks ago, and I received a few responses. I have re-written the question to include more details in hopes of getting a more definitive answer.

I received a California ticket for the 21806a1 for failure to yield to an emergency vehicle on 10/19/09 at 7:30a. I was in the LA area on a freeway where the 110N, 101S, and 10/5 interchange all convene. The three left lanes go to the 110North, the middle lane leads to the 101S, and the right two lanes go to the 10/5. About 50 yards from where one must choose to either stay on their freeway or move to another, I heard a cops’ siren. I looked behind me and saw nobody. Finally, I saw a cop who had started to pull someone over between the second and third lane. The one car stopped but then it was evident the cop had not intended for this car to pull over. By this time, I was still in the fourth lane preparing to merge on the 101 South. I think the cop was mad that he couldn't move over all the way to the right outermost lanes. Why? I don’t know because nobody was blocking him. Rather than continuing to dart across lanes, he got in back of me and used his intercom to say "get off the freeway." When he approached my car, he wouldn't even look me in the eye. He asked me if I had seen him behind me and I said no. I wondered where this so called emergency was and why he had not used his intercom earlier to tell everyone to pull over. It’s a dangerous intersection because everyone is trying to get on their respective freeway.

The cop wrote on my ticket:
“21806(a)(1)…IN FNT OF PD TO C/3 T/C CALL FOR 400’ on #3 LN. #4 CLEAR. IITL21 to KENMORE/L. FELIZ.”

Had I attempted to move over anymore I would have ended up on the wrong freeway and probably hit someone as they tried to exit on the 10/5.

Question: What are my chances of winning this by twd?
If I did file and lost, what is the best opportunity of getting traffic school? I travel frequently and don’t want to have to go to trial de novo, etc. If you think I don’t stand a chance of winning or going to traffic school I’ll just pay it because I don't want any points on my record. I would have paid it earlier but every time I think of pleading guilty when I don't feel I was wrong I stop and re-think the situation.

[EWYLTJ]

This issue has come up several times recently. Look at the actual code:

21806. Upon the immediate approach of an authorized emergency
vehicle which is sounding a siren and which has at least one lighted
lamp exhibiting red light that is visible, under normal atmospheric
conditions, from a distance of 1,000 feet to the front of the
vehicle, the surrounding traffic shall, except as otherwise directed
by a traffic officer, do the following:

If the cop wasn't "sounding a siren", then section 21806 is not applicable. You should be able to state that pretty easily in a TBWD.

[needhelp88]

As I mentioned in my post, he was sounding a siren.

[That Guy]

As I mentioned in my post, he was sounding a siren.

That's what the C3 means in the officer's notes... C3 = "Code 3" = Lights and sirens...

Here's how I read the rest of that notation:

"C/3": means Code 3 - Lights and sirens
“T/C”: means Traffic Collision (probably the “emergency he was headed to”)
“For 400' on #3 LN.”: might mean he was behind you for 400' in the #3 lane (and yet you failed to move out of his way)
“#4 CLEAR”: might mean that the #4 lane was clear for you to move into to “Yield to the emergency vehicle (lights and sirens) behind you, and yet you're suggesting he should have taken the #4 lane.
“IITL21”: I have no idea...
“to KENMORE/L. FELIZ.”: I'm guessing that this is where he was headed... While there is no “Kenmore and Los Feliz Bl intersection”, I think he might have meant that he was headed to Kenmore Ave in Los Feliz... Which is close to the freeway interchange that you described

Your reasoning (and your justifications) for not yielding are:
1.You heard him coming but you didn't see him.
2.The # 4 lane was clear (which is consistent with his notation) and instead of YOU moving out of the way, HE should have taken that lane to get past you.
3.Its a dangerous intersection/everyone is trying to get to their respective freeway and (maybe you're suggesting that) you should not have to yield the right of way to an emergency vehicle approaching you from behind.

Not sure how or why any of those will get you a not guilty verdict either in a TBD or in a Trial De Novo! Just my 2 cents...

[needhelp88]

Thank you for your insight.

One final question (the most important)
If my goal is to be either found guilty OR found guilty BUT ALLOWED to take traffic school, what is the best procedure? I've read the suggestions that I shouldn't ask for traffic school as part of twd...However, if I am found guilty, at what point can I request traffic school? I don't want to have to go to a trial de novo.

[That Guy]

I'm not sure if you're just being stubborn or if these posts (in this as well as in your other thread) have not been clear enough... My guess is its neither... So let me try this one last time.

First, let me back up a bit and answer a previous question that you asked:

Question: What are my chances of winning this by twd?

Based on what you posted, and in my opinion, your chances of winning this case are slim to none regardless of whether you go with a TBD or a Trial De Novo!

You have no case, you have no argument that you are not guilty, it very obvious that you were in violation and it would be very easy for the officer to prove that you were all while you have no way to show that you were not.

With that being said, and assuming you still want to try your hand at a TBD, you have to keep in mind that most judges will NOT offer you the traffic school option once you elect to go with a TBD or once you elect to take your case to trial. YOu can ask for it but they typically do not allow it, nor do they have to state a reason for refusing to offer you that option.

If you want traffic school, the only guaranteed way to afford yourself that option would be to plead guilty (give up the idea of fighting it), choose traffic school, pay the fine plus the court administrative fee plus the traffic school registration fee, complete the course submit the completion certificate to the court in a timely manner and your citation will be dismissed.

If my goal is to be either found guilty

You mean found "not guilty"... Right?

OR found guilty BUT ALLOWED to take traffic school, what is the best procedure?

Plead guilty and elect traffic school right off the bat... No TBD, no trial. Why? Again... because there is a high chance that the judge will not allow you to take traffic school if you choose to fight it.

I've read the suggestions that I shouldn't ask for traffic school as part of twd...

And that suggestion is simply predicated on the fact that once you elected to do a TBD (which is a "trial" by every sense of the word), judges do not allow you the traffic school option if you are found guilty.

However, if I am found guilty, at what point can I request traffic school?

You can ask for traffic school:

• at your arraignment
• after a TBD
• before a Trial De Novo
• after a Trial De Novo.... Or
• at any time in between.

But the only time that you are guaranteed that your request will be granted is if you ask for it at your arraignemnt.

I hope that helps...

[needhelp88]

Thank you. What was not clear in prior posts was the suggestion that I could complete traffic school...and then file a twd. It didn't make sense because if I did complete traffic school and lost a twd, I would imagine it wouldn't count.

And, for whatever it's worth, I don't feel I'm guilty, and believe the cop put me and others in danger by his erractic driving. I've never not pulled over for a cop or a firetruck so paying $446 for not being able to figure out what this cop wanted me to do is very steep.

I very much appreciate your advice and will leave it at that.

[That Guy]

And, for whatever it's worth, I don't feel I'm guilty

And you're free to pursue that claim all the way to the appellate level if you so choose.

and believe the cop put me and others in danger by his erractic driving.

For your sake, I hope you don't use that as one of your arguments... Because chances are, it won't fly either.

I've never not pulled over for a cop or a firetruck so paying $446 for not being able to figure out what this cop wanted me to do is very steep.

I think the statute is clear on what you MUST do... "yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed"... That same concept is also clearly explained in the California Driver's manual... But you already know that since you claim you've never not done it before.. except for this one time, I guess...

Again, these are just MY opinions, the judge might buy into your story... And if you feel its worth the fight all while possibly giving up your ability to get the automatic dismissal (traffic school), then by all means, fight it all the way... Best of luck to you.

[needhelp88]

Yes, but what if there is no curb of the highway...in this case the "curb" is a 25 mph exit to the 10/5 freeway...and there is no "clear intersection." . It's like telling a plane on the runway at busy LAX to find a place to stop. I understand the law, but in this case, I would at least like to see a reduction in the $446 fine. Again, thank you for your advice. It is much appreciated.

[EWYLTJ]

As I mentioned in my post, he was sounding a siren.

whoops, I missed that....

With that being said, and assuming you still want to try your hand at a TBD, you have to keep in mind that most judges will NOT offer you the traffic school option once you elect to go with a TBD or once you elect to take your case to trial. YOu can ask for it but they typically do not allow it, nor do they have to state a reason for refusing to offer you that option.

I'm not sure why you make this statement. I have seen people get traffic school after a TBWD several times... further, I have read of many people posting here getting the same. You statement implies that most judges are corrupt and illegally deprive citizens of their rights provided under state law. I won't argue that judges frequently ignore the law, but in this case, what would be their motivation? The state actually gets paid MORE if traffic school is assigned. Once a guilty verdict is arrived upon, it is simply a matter of ~$250 for the state vice ~$310 for the state.