Ticketed for Unsafe Passing, but I Never Passed a Car

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

CVC 21755. Unsafe Passing on the right.

I recently received a ticket for unsafe passing on the right, my court date is scheduled for March 1,2011.

Heres the info. My intention was to pass the car on a two lane highway, becuase she was going 20mph in a 35mph zone. I move to the right to pass her, and I see a CHP officer so i never passed her, instead of, i pulled over to the right. I see the cop make a u-turn and sure enough his lights were on. He told me what you were going to do is extremely unsafe, hence there's a parking lot that gave me enough space to "attempt" to pass the car.

So now, my question is; since i never passed a car, i technically pulled over to the right but my intention was to pass the car, do i have a solid chance of winning this ticket.

I have no points on my record, and I am eligible for traffic school.

Ticket says cvc 21755 + peds on side of road.

If you were in the process of making an unsafe pass, as defined by the statute, I don't give you much of a chance in court by arguing, "But I didn't finish passing"

Well, if you made and unsafe pass or began the first part of an unsafe pass then, Duh, you are guilty of an unsafe pass.

But if you did not "overtake and pass" then you cannot be guilty of "overtaking and passing". When does an 'overtake and pass' begin? (If you listen to some of these posters it begins with your INTENT....)

It all depends on what the cop will say. He can avoid lying by saying 'the subject was passing', but being unclear as to precisely how he defines 'passing'. Even if you press the issue, he may have 'selective recall' as to precisely where you were in relation to the car.

I would simply say that you moved to the right, still on the roadway, and decided not to pass. You were pulled over and cited before you began the pass.

Maybe you should better describe your actions. Did you go off the road? Did you "begin" to pass (i.e. did the front of your car overtake the rear of her car)? I think your "intent" is irrelevant. The law prohibits you from unsafely overtaking and passing.... not intending to overtake and pass!!

Quote:

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21755. (a) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting that movement
in safety. In no event shall that movement be made by driving off
the paved or main-traveled portion of the roadway.
(b) This section does not prohibit the use of a bicycle in a
bicycle lane or on a shoulder.

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