ExpertLaw.com Forums

Unsafe Start Ticket, VC 22106

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 01-17-2015, 09:23 PM
    borinka35
    Unsafe Start Ticket, VC 22106
    My question involves a traffic ticket from the state of: CA

    Hello and thank you for your help in advance,

    I had crashed my car by mixing up my gas/brake/clutch and my vehicle has been totaled. It is a RWD vehicle. About a month after I received a citation for VC22106.I was in too much shock to even press the brake because of me actually moving faster then I intending too and it left rubber tracks on the asphalt. The officers were not present during the crash and came to me only the next morning. I was unintentional and they are only assuming that it was an unsafe start. It says "highways" but it happened on a cup de sac which isn't even a through street and none was around or any cars on the street or even near me during the incident. How do I fight this? Thank you
  • 01-17-2015, 10:15 PM
    PTPD22
    Re: Unsafe Start Ticket, VC 22106
    From your description, it sounds like you committed the violation. Whether you intended to make an unsafe start or not is irrelevant. "Highway" as defined by CVC includes all public roadways, not just the interstate.

    --edit--

    Actually, after reading the statute you provided, it sounds like you were charged with the wrong statute. It sounds like you should have been charged with a negligent/careless driving or failure to control vehicle statute.
  • 01-17-2015, 11:00 PM
    cdwjava
    Re: Unsafe Start Ticket, VC 22106
    Did you try and start the car and screwed up?

    How did the crash happen?

    PTPD22 has it right, but, if you had been starting the vehicle and you were attempting to pull onto the roadway, then the section could well apply. It's unusual to cite for the cause of a collision, but, it's possible.
  • 01-18-2015, 12:48 AM
    borinka35
    Re: Unsafe Start Ticket, VC 22106
    Quote:

    Quoting PTPD22
    View Post
    From your description, it sounds like you committed the violation. Whether you intended to make an unsafe start or not is irrelevant. "Highway" as defined by CVC includes all public roadways, not just the interstate.

    --edit--

    Actually, after reading the statute you provided, it sounds like you were charged with the wrong statute. It sounds like you should have been charged with a negligent/careless driving or failure to control vehicle statute.



    I was trying to move my car from the drive way so I could take out the trash. It was literally right next to my house when this happened. I got the sense as this citation says I must not start my car until such movement can be made with reasonable safety. It was safe for my car to move because no one was on the road and no cars. I don't get how this citation goes towards my accident as I literally mistaken pedals. It has nothing to do with unsafe of others and they police weren't even at the location or saw what had happen..


    Thank you

    - - - Updated - - -

    Yes, Literally started my car and screwed up! Just wanted to make room for my trash cans for the garbage trucks to pick them up. I want to know what I can say to get out of this since there was nothing unsafe about me moving the vehicle. Besides totaling my car, I don't need a point on my record for this incident.
  • 01-18-2015, 01:16 AM
    cdwjava
    Re: Unsafe Start Ticket, VC 22106
    What did you crash into?
  • 01-18-2015, 02:00 AM
    borinka35
    Re: Unsafe Start Ticket, VC 22106
    I crashed into a wall which was on the left hand side.... All the houses were on the right of the cul de sac so nothing was damaged.
  • 01-18-2015, 02:15 AM
    cdwjava
    Re: Unsafe Start Ticket, VC 22106
    Quote:

    Quoting borinka35
    View Post
    I crashed into a wall which was on the left hand side.... All the houses were on the right of the cul de sac so nothing was damaged.

    Clearly you were at fault for a collision. Typically, this would probably have been cited for VC 22350 - unsafe speed for conditions. You might be able to argue against VC 22106 if you started from your driveway and lost control at that point and not from a stopped position on the roadway.

    Personally, if you had told me that you mistook the pedals, I'd have requested a priority license re-exam as you would appear to be an unsafe driver.
  • 01-18-2015, 05:36 AM
    Disagreeable
    Re: Unsafe Start Ticket, VC 22106
    ditto



    Quote:

    Quoting cdwjava
    View Post
    clearly you were at fault for a collision. Typically, this would probably have been cited for vc 22350 - unsafe speed for conditions. You might be able to argue against vc 22106 if you started from your driveway and lost control at that point and not from a stopped position on the roadway.

    Personally, if you had told me that you mistook the pedals, i'd have requested a priority license re-exam as you would appear to be an unsafe driver.

  • 01-18-2015, 07:44 AM
    donzoh1
    Re: Unsafe Start Ticket, VC 22106
    Quote:

    Quoting PTPD22
    View Post
    From your description, it sounds like you committed the violation. Whether you intended to make an unsafe start or not is irrelevant. "Highway" as defined by CVC includes all public roadways, not just the interstate.

    --edit--

    Actually, after reading the statute you provided, it sounds like you were charged with the wrong statute. It sounds like you should have been charged with a negligent/careless driving or failure to control vehicle statute.

    Intent is generally relevant in criminal matters. It's not necessary to prove that the defendant knew it was wrong but intent matters in a legal sense. For example, when a person negligently discharges a firearm, the defendant's intention to fire the weapon must be proven (for example, a malfunction of the weapon would not support a conviction).

    It does seem that the wrong statute was charged here. The statute cited requires the driver to wait until the starting maneuver is safe. For example, with pedestrians in the way or other vehicles blocking the vehicle path, one would need to wait until they moved. The defendant could easily argue that the maneuver here would never be safe and that the intent of the statute cited refers to his obligation to wait until conditions change before proceeding.

    To be sure, there are other statutes that would cover the offense...they just weren't cited. I'd suggest TBD first with the argument of an incorrect offense cited. Further, I would, within the TBD, state that any amendment of the charge would be improper as it would violate Due Process, requiring the defendant to guess at what defenses to make. The same argument would be appropriate at Trial de Novo, if necessary.
  • 01-18-2015, 11:58 AM
    borinka35
    Re: Unsafe Start Ticket, VC 22106
    Yes, I was at fault for the collision but not for this offense. I already have taken care of the accident with insurance and nothing about unsafe start was mentioned. Thank you for the help as I did start from the driveway.


    If the charges get dropped and all I would have to do is re exam I would gladly do that as I know I would pass with flying colors. When I got my license only missed 1 point.

    - - - Updated - - -

    I am trying to write down what I can say in court. From everything which I have read I have this so far:

    I haven't driven my car in a while as I have been working on it and it still needed some maintenance done to it. I have been driving my second car. I needed to take out the trash so I had to move my car late at night at 2:30 in the morning. When I got into my car I had began to drive it and out of nowhere I had lost control in my driveway. I could have mistakenly pressed the traction control but do not remember. I was scared and in total shock while I was in monition that I didn't even press the brake as it happened so quick. No one was on the road and no vehicles were even parked on the street. The officer was not present during the accident and did not come until the next morning so he is just using his assumption from the type of vehicle which was driven.He has no way of telling which speed I was going at as well. The conditions to move my car into the street from my drive way were completely safe. This charge is improper to the situation as I started my car from my drive way from a complete stop where I unintentionally lost control of my vehicle through the mix up of my pedals, not from a highway which is public road way.

    Please tell me if there is anything I should add or edit out. Thank you for the help. I really want to beat this case as my jobs which I am interviewing for all have to check my driving history and I don't want to loose the opportunity of working because of this.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 12:29 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved