Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jul 2010
    Posts
    12

    Default California 22100(A) Violation

    Ok, this is what the law 22100(A) is...

    (a) Right Turns. Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway except:
    (1) Upon a highway having three marked lanes for traffic moving in one direction that terminates at an intersecting highway accommodating traffic in both directions, the driver of a vehicle in the middle lane may turn right into any lane lawfully available to traffic moving in that direction upon the roadway being entered.
    (2) If a right-hand turn is made from a one-way highway at an intersection, a driver shall approach the turn as provided in this subdivision and shall complete the turn in any lane lawfully available to traffic moving in that direction upon the roadway being entered.
    (3) Upon a highway having an additional lane or lanes marked for a right turn by appropriate signs or markings, the driver of a vehicle may turn right from any lane designated and marked for that turning movement.



    I made a right turn from a two lane small street (one lane for each direction) into a major blvd. The blvd is made of three moving lanes and a lane for park vehicles. As I pull to the interception, I notice no traffic coming as the blvd traffic was a stop by a red light one block away. I turned to the moving lane closest to the curve and knowing the traffic was a stop and had no one to yield too, I proceeded to make my way to the middle lane. The cop was about at the next block waiting to make a right turned.

    As I immediately drove passed him, he got behind me and pulled me over.

    (A little more info in case its necessary, its roughly around 10-11pm. There was about 5-6 squad cars in a 3 block spread just giving tickets)

    Also, I did read the other threads with same violations, but in those they talked about being in the wrong lane before making the turn.
    THANK YOU SOO MUCH FOR HELPING...

  2. #2
    Join Date
    Jul 2010
    Posts
    12

    Default Re: California 22100(A) Violation

    also, how does Trial by Written Declaration work?

    Im thinking of postponing and sending my check with a NOT GUILTY note with the request saying i didnt commit the violation.

  3. #3

    Default Re: California 22100(A) Violation

    This cite seems bogus. If the road you were on only had a single lane in each direction, then you had to be in a lane eligible for the right turn. Notice that 22100(a) deals with the street you're turning from, though it could be read to deal with the destination street as well.

    The officer could have cited you for not stopping (if there was a stop sign or light that you didn't mention), or for not signalling (you didn't say), or for making an illegal lane change after the turn (which it doesn't sound like you did), or if right turns were prohibited by a sign. However, none of those things are what this CVC is about!

    Now, the California DMV handbook advises you to begin and end the turn near the curb:

    http://www.dmv.ca.gov/pubs/hdbk/turns.htm

    In other words, it seems to suggest you should end up in the right lane of the larger street after the turn. It could be that this is what the officer had in mind when he cited you. It's not clear to me if the CVC section you quoted deals with both the first and the second streets. It says "Both the approach for a right-hand turn and a right-hand turn" - this implies that the entire turning movement needs to be near the curb unless one of the exceptions is met (which, from your description, they weren't).

  4. #4
    Join Date
    Jul 2010
    Posts
    12

    Default Re: California 22100(A) Violation

    Camhater, thank you. Let me provide additional detail to the street.

    The street ends up on a major blvd where my only option is to make a right hand turn. There is a center divider (concrete bumps) that prevents any left hand turned. With that said the street becomes a one way street, correct?

    Thus, by the DMV handbook #6: Right turn from a one-way street into a one-way street. Start the turn in the far right lane. If safe, you may end the turn in any lane.

    Please correct me if I am wrong, I asked for a Trial by Written Declaration where I will provide diagrams and explanations.

    I know for a fact I ended on the lane closest to the curve, but as there was no traffic coming (due to the red light a block away), I merge to the middle lane.

    Also, looking at the exceptions...

    (2) If a right-hand turn is made from a one-way highway at an intersection, a driver shall approach the turn as provided in this subdivision and shall complete the turn in any lane lawfully available to traffic moving in that direction upon the roadway being entered. ... wouldnt this apply?

  5. #5

    Default Re: California 22100(A) Violation

    (2) doesn't apply if the road you were on wasn't a one-way street. It wasn't, it was a 2-way street, correct? The divider doesn't change that, but thats JMHO. I suppose you could argue it anyway.

    Now, if your argument is that you turned into the right-hand lane as required and then immediately merged into the middle lane, that sounds like an argument that you did not violate 22100(a). Question: did you signal left before merging into the middle? If so, it would strengthen your case. (If not, the cops could have cited you for failing to signal or an improper lane change or something.)

    You could make both arguments, hoping at least one of them sticks. IMO the second argument is stronger.

  6. #6
    Join Date
    Jul 2010
    Posts
    12

    Default Re: California 22100(A) Violation

    Camhater,

    That is my primary argument I will provide. However, I also want to show additional circumstances that will stretghten my case.

    Yes, its a two way street. However, From Blvd to St: I can only make right AND from St to Blvd I can only make right ... again center divider prevents me from making a left from the st to the blvd. Wouldnt that make that section (technically) a one way hightway as that is the only option and make the st as well a one way hightway as that is the only option that leads too?

    The handbook those not provide turn instructions for suchs circumstance, thus, I am interpreting what is provided, isnt that what lawyers do many times?

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: California 22100(A) Violation

    To properly prepare yourself for this (he said/she said) type of citation, you'd be doing yourself a lot of good by at least trying to establish what the officer may testify to...

    If I were you, I would prepare/serve/file an "Informal Discovery Request" (Google the term and/or search the forums her for more info). Request a copy of the officer's notes (usually on the pack side of his copy of the citation)... From there, you can read his notes in an attempt to establish his reasoning for issuing the citation.

    Keep in mind that discovery requests are, more often than not, ignored by the District Attorney's office/City attorney who is prosecuting the case, so I would serve a copy of the same on the law enforcement agency that issued the citation in hopes that they might comply.

    If that fails (as in if you do not receive the materials you requested) then you can file a TBD and assuming you are found guilty, you can then and obtain a copy of his declaration (which would give you a detailed version of his testimony)... After examining his declaration, you can then make an educated decision as to how to prepare your defense in a Trial De Novo.

    And by the way, just because a street has a divider/center island does not make it a "one way street"....

    Lastly, and most importantly, the section you were cited for deals with the manner with which you made the turn. In light of the fact that you stated that the officer was a block or so away AFTER you made the turn, I would concentrate more on establishing the officer's location while you made your turn and whether he had a clear view of how close you were to the right edge of the roadway as you made your turn...

    ^THAT^ (the underlined portion), is the element that he must articulate and prove that you were in violation of, in order for you to be found guilty. 22100(a) has nothing to do with what actions (or lack thereof) you made after the turn (i.e. whether you changed lanes after the turn or whether you signaled your lane change).

  8. #8

    Default Re: California 22100(A) Violation

    Can you provide the names of the streets and a zip code or city so we could look it up on Google maps?

  9. #9
    Join Date
    Jul 2010
    Posts
    12

    Default Re: California 22100(A) Violation

    YES, its on the border of Culver City (90232) and West LA (90034). Streets are Vinton and Venice Blvd. If you looking the map its by Sony Studios. I was on Vinton Ave making a right into Venice Blvd. Venice Blvd has a middle divider which only allows me a right hand turn. The light on venice where traffic was stop its on Motor Ave.

  10. #10

    Default Re: California 22100(A) Violation

    Very interesting thanks, I can see exactly what you're talking about on Google Earth. So, based on what I'm seeing Vinton makes a "T" with Venice, you can't turn left because Venice is a divided road. I don't see Vinton as a one-way street, sorry.

    Looking at Venice, I see what I'll call a parking "lane" and then 3 other lanes. The curb obviously is near the parking "lane", which, from what I'm seeing, isn't really a traffic lane at all. I can't read the markings - what do they say? What I can see is a solid line dividing that "lane" from the others. So, if I were at that intersection, I'd feel obliged to turn into the next lane over, the first of the three "real" lanes. So, you went into one of the other lanes? Which one, exactly? Middle of the 3 "real" lanes? Did you spend any time going straight in the first of the 3 "real" lanes before merging to the middle?

    BTW you gotta luv these completely arbitrary laws with rules that apply in one case but don't apply in a nearly-identical situation. I mean what the heck's the diff for a one-way versus a T intersection on a divided road?!? Sheesh, talk about anal...

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Lights, Signs and Traffic Controls: 21453(C) Violation in California
    By ripplelet in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 02-07-2011, 04:20 PM
  2. Traffic Lane Violations: 22100(A) in California
    By lazykrnboi in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-23-2010, 04:24 PM
  3. 22450(A) Violation in California
    By danny122 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 01-29-2010, 10:48 AM
  4. Failure to Yield: Moving Violation 22100(B) Left Turn: Failure to Yield
    By mreligio in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-22-2009, 11:03 AM
  5. Probation and Parole: California Violation of Probation
    By kvcastil in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 08-08-2008, 07:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources