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"Restricted Lane" with 22101d

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  • 07-24-2008, 07:10 PM
    jefegelb
    "Restricted Lane" with 22101d
    My question involves a traffic ticket from the state of: CA

    Hello.

    Recently, I was taking my girlfriend to her new workplace. We exited off the highway and were traveling about 500 feet, when we noticed the street we were crossing was the street we should turn on.

    As a result, I looked to see the area was clear, and slowly moved across to the left turn lane, albeit a bit late.

    About 30 seconds - 1 minute later, a car pulled up behind us. Granted, we were not fully in the lane, we were stopped and not blocking traffic while waiting for the turn light to become green.

    All of a sudden a police car pulls up along side of us and asks us to pull over.

    The officer claimed we cut the other car off and cited us with vehicle code 22101d and wrote "restricted lane" next to the numbers.

    He also checked off unsafe driving and put our speed as 10-15mph.

    My girlfriend and I both claim there was no car near us and we were the only car there for that time until we stopped at the light.

    We also checked the lanes before quickly moving over to the turn lane.

    How can we fight this, as this seems ridiculous?

    Please let me know.
  • 07-24-2008, 07:19 PM
    cdwjava
    Re: "Restricted Lane" with 22101d
    This is the section:

    22101. (a) The Department of Transportation or local authorities in
    respect to highways under their respective jurisdictions, may cause
    official traffic control devices to be placed or erected within or
    adjacent to intersections to regulate or prohibit turning movements
    at such intersections.
    (b) When turning movements are required at an intersection notice
    of such requirement shall be given by erection of a sign, unless an
    additional clearly marked traffic lane is provided for the approach
    to the turning movement, in which event notice as applicable to such
    additional traffic lane shall be given by any official traffic
    control device.
    (c) When right- or left-hand turns are prohibited at an
    intersection notice of such prohibition shall be given by erection of
    a sign.
    (d) When official traffic control devices are placed as required
    in subdivisions (b) or (c), it shall be unlawful for any driver of a
    vehicle to disobey the directions of such official traffic control
    devices.

    So, if the signs were properly posted, and you violated the provisions of those signs, you will be guilty of the section regardless of traffic.

    - Carl
  • 07-24-2008, 07:22 PM
    jefegelb
    Re: "Restricted Lane" with 22101d
    Carl,

    The left-hand turn lane I entered was a left-hand turn only lane.

    Unless the officer was completely confused that it was a left-turn only lane, I am not sure why he wrote what he did.

    Maybe he thought I entered the left turn lane too late from the middle lane.
  • 07-24-2008, 07:28 PM
    jefegelb
    Re: "Restricted Lane" with 22101d
    Sorry, I should have said thank you for responding first Carl :-)

    But I am interested in your take on this.

    Also, a turn form an illegal position is vehicle code 22100(b), while
    he cited me 'restricted lane' and 22101d, which is a failure to
    observe posted signals.

    Furthermore, Vehicle Code section 22107 provides that no one "shall
    turn a vehicle from a direct course or move right or left upon a
    roadway until such movement can be made with reasonable safety and
    then only after the giving of an appropriate signal in the manner
    provided in this chapter in the event any other vehicle may be
    affected by the movement."
  • 07-24-2008, 09:14 PM
    cdwjava
    Re: "Restricted Lane" with 22101d
    I don't know where 22107 plays into this ... were you cited for that as well?

    But, if you were in a lane that proceeded straight only when you were crossing the street you wanted to actually TURN on to, then you would not have legally been able to stop and change direction in the middle of the lane to the left turn lane.

    Without actually seeing the whole affair, I can't really say with any certainty how strong or weak the officer's case will be. All you can really do is go into court and articulate your position.

    - Carl
  • 07-24-2008, 09:19 PM
    jefegelb
    Re: "Restricted Lane" with 22101d
    Thanks again, for responding, Carl.

    I merely included 22107 to illustrate what he might have used if he really were describing what happened.

    Basically, I was on the right hand side of a 3-lane road and wanted to turn left. So, checking that the road was clear, I slowed down and moved across 2 lanes to the left turn lane and waited for the turn light to turn green.

    That is what the officer is citing as 22101d.
  • 07-24-2008, 09:46 PM
    cdwjava
    Re: "Restricted Lane" with 22101d
    If the lines were marked or signed for through traffic only or with solid white lines, then you should not have made the cut across them ... based solely on what I envision from your description. Your best (legal) bet might have been to proceed through ... make a legal U-Turn at the first opportunity ... and then come back to make a right on the roadway you wanted to be on.

    - Carl
  • 09-09-2008, 08:54 PM
    jefegelb
    Re: "Restricted Lane" with 22101d
    Here is an update:

    I got a copy of the officer's notes. He claims I entered the left turn lane too late and passed the limit line.

    He also claims I cut off a car, which I did not. My witness will testify to that.

    Any way to fight this?
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