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Driving Straight from a Right Turn-Only Lane, Failure to Obey Traffic Signal

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  • 11-06-2014, 12:20 AM
    gggoutam2003
    Driving Straight from a Right Turn-Only Lane, Failure to Obey Traffic Signal
    My question involves a traffic ticket from the state of: California

    The incident happen in the below location.
    https://www.google.com/maps/@37.4748...o410kmSekQ!2e0

    I was on the right lane and realized that the lane is “right lane must take right”. But I was not able to change lane from there as the left lane was crowded.
    I was about to take right turn and then saw that the intersection is completely empty and then I saw a through lane from the right lane.
    I went to that lane safely and waited and merged to the left lane. Then the police came and gave me the ticket.
    https://www.google.com/maps/@37.4748...o410kmSekQ!2e0

    should I fight the ticket.
  • 11-06-2014, 05:23 AM
    cdwjava
    Re: Failed to Obey Traffic Signal
    What code section were you cited for?
  • 11-06-2014, 12:09 PM
    JH-Engr
    Re: Failed to Obey Traffic Signal
    So you went straight at a right-turn only lane, then are in the spot for the Bus Stop?
  • 11-07-2014, 09:16 PM
    gggoutam2003
    Re: Failed to Obey Traffic Signal
    21461 (a) cvc

    - - - Updated - - -

    yes, I went to the bus stop and stopped there and merged into the left lane.
  • 11-07-2014, 11:33 PM
    cdwjava
    Re: Failed to Obey Traffic Signal
    It sounds as if you disobeyed road markings or traffic signs in violation of VC 21461. If you failed to turn or act as directed, you violated the section.

    You can ask for a trial by written declaration and then a new trial if you lose.
  • 11-08-2014, 07:51 AM
    donzoh1
    Re: Failed to Obey Traffic Signal
    There are basically two ways to defend a traffic infraction, or most any public offense for that matter. One is to challenge the merits of the case (like, I was in Europe that day and I have my stamped passport to prove it). The other is to make things a difficult as possible for the prosecution (with an Informal Discovery Request, Trial By Written Declaration as suggested earlier, Trial de Novo after that, disqualifying every Temporary Judge and the first regular Judge or Commissioner on a PC 170.6 motion, etc.) As cdwjava says above, you are likely to lose on the merits. The long and short of your first post is "I broke the law but I could tell it was safe to do so." After that, your decision is either to make things difficult in terms of legal procedure or plead guilty. In my experience, most traffic infractions that are defeated are not won on the merits (only one of eight that I'm familiar with). A significant percentage of them are defeated when the prosecution drops the ball somewhere along the line. However, if you encounter a disciplined, prepared, persistent police officer, you're toast.
  • 11-08-2014, 08:04 AM
    jk
    Re: Failed to Obey Traffic Signal
    so, your argument is that you somehow missed that big yellow sign immediately after Alberni street stating "through traffic merge left" and then the sign at the start of the fence for the Shamrock company that stated "right lane MUST turn right" and then that big arrow on the ground where the bike lane shifted from the far right to between the 1st and second lanes?


    and that even with all of those directives you still thought you could somehow legally proceed straight through the intersection into what somebody described as a bus lane (I'm not familiar with such a thing so I'll accept it for what was stated)?


    as donzoh said; the only chance at winning is on a technicality or failure of the prosecution. Otherwise you simply lose.
  • 11-10-2014, 04:23 PM
    gggoutam2003
    Re: Failed to Obey Traffic Signal
    It is written to my ticket that "appear in court on 11/11/2014". I didn't get any courtesy letter.
    Today I notice that 11/11/2014 is holiday. I called the number in my ticket and got no valid information.
    I don't see my ticket information in the court website.
    what should I do now ? Also I just noticed that my DOB and vehicle number is not correct in my ticket.
  • 11-11-2014, 06:10 AM
    donzoh1
    Re: Failed to Obey Traffic Signal
    Quote:

    Quoting gggoutam2003
    View Post
    It is written to my ticket that "appear in court on 11/11/2014". I didn't get any courtesy letter.
    Today I notice that 11/11/2014 is holiday. I called the number in my ticket and got no valid information.
    I don't see my ticket information in the court website.
    what should I do now ? Also I just noticed that my DOB and vehicle number is not correct in my ticket.

    While the Courtesy Notice is customarily sent, the fact that you didn't get one does not get you past the Promise to Appear that you made at the time of the traffic stop. If you didn't get one, you should check and make sure your DMV address is correct or that the court has your correct address.

    The date on your citation is a requirement for you to appear in the court on or before the date. It's when you would enter a plea and pay your bail amount but your trial would be at a later date, if you plead not guilty.

    Incorrect information on your citation may indicate the officer's inattention to detail but by itself will probably not get the violation dismissed. What you should do is appear in court tomorrow and explain that you were planning to appear on the 11th but then realized the court would not be open. I don't know for sure but your appearance date, if a holiday or weekend day, may default to the next date when the court is open.
  • 11-11-2014, 07:38 AM
    DeputyDog
    Re: Failed to Obey Traffic Signal
    I'm confused. You just told us that you committed the offense.

    Why would you fight the ticket? :confused:
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