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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
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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.
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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.
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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.
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Re: Unsafe Start Ticket, VC 22106
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PTPD22
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.
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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
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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.
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Re: Unsafe Start Ticket, VC 22106
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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.
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Re: Unsafe Start Ticket, VC 22106
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borinka35
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.
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Re: Unsafe Start Ticket, VC 22106
ditto
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cdwjava
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.
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Re: Unsafe Start Ticket, VC 22106
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PTPD22
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.
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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.
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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.
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Re: Unsafe Start Ticket, VC 22106
Might I suggest if that is your defense, you never take up driving a semi as an occupation. Day cab drivers frequently pull off the road for a short nap over the steering wheel. I can imagine all the torn out driveshafts.
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Re: Unsafe Start Ticket, VC 22106
How does the cop know you drove the car if they weren't there? I'm guessing because you told him? If you told him, he doesn't have to be there.
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Re: Unsafe Start Ticket, VC 22106
I won't do that as an occupation. I already have a job in a complete different field.
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yes, but he doesn't have any facts about my speed or what happened so he can't really say that this citation is proper when he wasn't there
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Re: Unsafe Start Ticket, VC 22106
If the officer has obtained POST-approved training as a basic Traffic Collision Investigator (a 24 hour course, if I recall) then they are legally permitted to write a citation based upon probable cause established through the course of their collision investigation.
As I mentioned, I don't think VC 22106 would appear to be the appropriate offense to charge in this case, but, I don't know what the investigating officer knew.
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Re: Unsafe Start Ticket, VC 22106
So, the cop knows you were driving. And he knows nothing about what happened when you were driving? You told him, yes I was driving but nothing about what you did or about what happened?
As cdwjava points out, the cop might have training in post-accident investigation and based on his observations combined with what YOU told him, he may indeed have enough to present a case. Did someone tell you the cop has to have been there?
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Re: Unsafe Start Ticket, VC 22106
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donzoh1
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).
Your statement is true…but is completely irrelevant in the context of this thread. OP has been charged with a traffic infraction, not a criminal offense. Traffic infractions are typically considered general intent offenses while many criminal offenses (such as the illegal discharge of a firearm you mention) are specific intent offenses. For example, when a person is speeding, there is no need for the state to prove that the defendant intended to press down that hard on the accelerator - only that the defendant was, in fact, driving faster than legally allowed. Same for running a stop sign, crossing the center line, making an unsafe lane change, or the vast majority of other traffic offenses. In fact, if there was clear evidence of intent in many of these infractions, it would likely elevate the offense to a reckless driving or reckless endangerment charge!
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Re: Unsafe Start Ticket, VC 22106
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borinka35
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.
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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.
I really don't like your statement. It contains too many admissions about stuff you did while presenting little or no justification about what you did. Does your statement about what you'll say in court mean you don't like my TBD idea? If you do decide on TBD, don't write what you have above as it probably contains enough for a conviction even if the officer doesn't respond.
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Re: Unsafe Start Ticket, VC 22106
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PTPD22
Your statement is true…but is completely irrelevant in the context of this thread. OP has been charged with a traffic infraction, not a criminal offense.
To be fair, in CA these are, technically, "criminal" offenses. Even though they are treated as something less than criminal offenses, state law grants the defendant almost all of the same rights present in a prosecution for a misdemeanor criminal offense aside from the right to a trial by jury.
The problem with the 22106 section in this case is it virtually requires that the vehicle start ON the highway.
22106. No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.
Even citing for an unsafe entry into traffic would appear to be inapplicable because it wasn't traffic that was a problem, it was the OP's inability to control his vehicle. This is typically cited as VC 22350 (unsafe speed). The OP can probably prevail by showing that his movement began from the driveway and NOT the highway. If the cite is not amended to provide for a more applicable code section, it is likely that the OP can prevail.
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Re: Unsafe Start Ticket, VC 22106
Thats what I am very afraid of! I don't want reckless driving for a car accident which was literally 500 feet from my house when all i was trying to do is move my car to make room for trash cans. What would you say if you were in my position?
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On my ticket it says collision investigation. I do agree with your TDB statement and will use that. The only thing he has is that the burn out marks start on the street next to my driveway but that because it is made from different cement. My driveway is rocky and not smooth as the highway ones.
So in a sense my charges could be dropped but they still can pin me with another one?
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Also on my ticket he wrote that i was going 15 mph when speed limit is 25 and he wrote the safe speed is 5mph...
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Re: Unsafe Start Ticket, VC 22106
While I suppose it is possible for the charges to be amended to a more appropriate statute in court, I think it is unlikely. The simple fact is that, while you did in fact commit a violation, it was not the violation for which you are accused. So, your defense is simply that you did not commit the violation with which you are charged.
There is no need to go into detail regarding the actions that led to the collision. Your defense is simply that, when you began the movement of your vehicle, there was no oncoming vehicles, pedestrians, or other circumstances that would make such movement unsafe. Therefore, you are innocent of the charge against you. It will then be up to the state (based on the officer's testimony) to show evidence that your starting movement was unsafe. The fact that you subsequently lost control of your vehicle and collided with a stationary object does not show that your initial starting movement was done when it was unsafe to do so.
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Re: Unsafe Start Ticket, VC 22106
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borinka35
Thats what I am very afraid of! I don't want reckless driving for a car accident which was literally 500 feet from my house when all i was trying to do is move my car to make room for trash cans. What would you say if you were in my position?
You weren't charged with reckless driving, so I wouldn't worry about it. Besides, if they did that, it'd be a misdemeanor, you'd have a right to a jury trial, and the state would have to prove that you did so with "wanton and willfull disregard" for the safety of others. That level of intent might be tough unless you have a history of lighting 'em up out of your driveway.
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On my ticket it says collision investigation. I do agree with your TDB statement and will use that. The only thing he has is that the burn out marks start on the street next to my driveway but that because it is made from different cement. My driveway is rocky and not smooth as the highway ones.
Then that might explain the 22106. If it appears that the movement began from a stopped or parked position on the roadway - even partially so - then an unsafe entry cite might then be justified.
Yes, you can get "burn out marks" on a rocky driveway if your tires lose traction. It would appear that traction was lost by sudden acceleration on the roadway.
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So in a sense my charges could be dropped but they still can pin me with another one?
Whatever you are charged with at arraignment is what you will be facing at trial.
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Also on my ticket he wrote that i was going 15 mph when speed limit is 25 and he wrote the safe speed is 5mph...
Okay. That wouldn't appear to be an issue as you were not cited for speed.
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Re: Unsafe Start Ticket, VC 22106
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cdwjava
To be fair, in CA these are, technically, "criminal" offenses. Even though they are treated as something less than criminal offenses, state law grants the defendant almost all of the same rights present in a prosecution for a misdemeanor criminal offense aside from the right to a trial by jury.
True (unlike here in WA where infractions are civil, rather than criminal, offenses). Perhaps my terminology was confusing. The point I was trying to make was that infraction level offenses are most commonly general intent offenses. Specific intent offenses are more commonly misdemeanor and felony level offenses. General intent offenses contain no wording such as "intentionally," "willfully," "knowingly," "recklessly," etc. Intent is not an element of the offense, there is no burden for the state to show or prove intent, and, therefore, lack of intent is irrelevant as a defense.
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Re: Unsafe Start Ticket, VC 22106
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PTPD22
True (unlike here in WA where infractions are civil, rather than criminal, offenses). Perhaps my terminology was confusing. The point I was trying to make was that infraction level offenses are most commonly general intent offenses.
That is true. They are general intent offenses.
I just wanted to preempt any potential misinterpretation that these are civil matters as they are in many (most?) states. As they are criminal here, they provide a myriad of defenses that might not otherwise be available in other states.
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Re: Unsafe Start Ticket, VC 22106
California Penal Code Section 19.7 - Preliminary Provisions
"Except as otherwise provided by law, all provisions of law
relating to misdemeanors shall apply to infractions including, but
not limited to, powers of peace officers, jurisdiction of courts,
periods for commencing action and for bringing a case to trial and
burden of proof."
What cdwjava is talking about here is CPC 19.7. The infraction exceptions mostly relate to the right to trial by jury and the right to counsel if you can't afford it. I'm not aware of an intent exception. Unless there is an intent exception within California Law, the intent aspect of things regarding infractions would be the same as for felonies and misdemeanors.
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cdwjava
To be fair, in CA these are, technically, "criminal" offenses. Even though they are treated as something less than criminal offenses, state law grants the defendant almost all of the same rights present in a prosecution for a misdemeanor criminal offense aside from the right to a trial by jury.
The problem with the 22106 section in this case is it virtually requires that the vehicle start ON the highway.
22106. No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.
Even citing for an unsafe entry into traffic would appear to be inapplicable because it wasn't traffic that was a problem, it was the OP's inability to control his vehicle. This is typically cited as VC 22350 (unsafe speed). The OP can probably prevail by showing that his movement began from the driveway and NOT the highway. If the cite is not amended to provide for a more applicable code section, it is likely that the OP can prevail.
The argument that the vehicle must start on the roadway certainly can be made, and the judge may buy it. But, the code section can read to cover the driver's actions here as well in terms of the fact that he started within the driveway. It depends on how one reads the phrasing.
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borinka35
Thats what I am very afraid of! I don't want reckless driving for a car accident which was literally 500 feet from my house when all i was trying to do is move my car to make room for trash cans. What would you say if you were in my position?
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On my ticket it says collision investigation. I do agree with your TDB statement and will use that. The only thing he has is that the burn out marks start on the street next to my driveway but that because it is made from different cement. My driveway is rocky and not smooth as the highway ones.
So in a sense my charges could be dropped but they still can pin me with another one?
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Also on my ticket he wrote that i was going 15 mph when speed limit is 25 and he wrote the safe speed is 5mph...
Jeopardy in the criminal sense attaches at arraignment when you enter a plea and post bail. It is not legal to amend a charge after that. I doubt that a judge will allow that over your objections and I further doubt that the judge would create a jury trial situation from the facts you've outlined here, which trial would be called for in a misdemeanor. How did the cop come up with these speed numbers?
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Re: Unsafe Start Ticket, VC 22106
You have gotten some good advice here. I have none to add to that. But I am wondering, how did the cops get involved with this at all? You didn't need a police report to file an insurance claim.
This just goes to show you... Except in dire emergencies, never call the cops and if the cops are there, don't answer ANY questions!