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  1. #1
    Join Date
    Nov 2010
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    2

    Default VC 22107 Unsafe Turn

    My question involves a traffic ticket from the state of: California

    At around 9 PM I made a right turn from a residential street onto a main road, and instead of turning directly into the closest right lane, I just eased myself into the left lane as there were no cars or pedestrians around and I needed it for a turn into the gas station at the nearby intersection (the residential street is at the crest of a hill, so I had great vision in either direction). I had just turned into the gas station when I noticed that a police officer had turned on their lights and entered after me. She said that I needed to turn into the right lane first, and then signal to turn into the left lane instead of turning into it directly. She then said that it is a common driving mistake, and said that if there had been people walking across the street, I could have endangered them if they assumed I was turning into the lane I was supposed to and decided to continue crossing. (the main road has no center dividers and no crosswalk; its just a simple 2-lane-in-each-direction road separated by a yellow line. If there WERE people crossing, it would be jaywalking anyway). She then went into what I assume to be the normal line of questioning they give, asking to see whats inside of my car's trashbag, where I was going, have I been drinking, am I involved in gangs, etc. (I have never been pulled over before, so i assume it was her just being thorough, considering the neighborhood is near the bad side of town)
    I waited until received the courtesy notice in the mail to see the amount to determine if it would even be worth fighting, and it is over 200 dollars! Paying this amount and going to traffic school seems excessive, is there any way I can fight this?

  2. #2
    Join Date
    Feb 2010
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    616

    Default Re: VC 22107 Unsafe Turn

    That's strange.

    Here is CVC 22107: 22107. No person 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.

    I would very carefully describe what you did, why it was not 'unsafe'... explain that had people been crossing you would have not been able to even enter the crosswalk no matter what lane you were turning into. ( )

    As far I can read, there is no proscribed way to make that turn in the vehicle code, so she needs to establish you actions were unsafe.... describe lighting conditions, traffic, take pictures, etc, etc. and show how your turn was not 'unsafe'.

    Quite possible the stop was a pretext, or she was a trainee? Whatever...

    Good luck

    A

    PS Its a point violation too, so prolly want to try and keep it off the record.

  3. #3
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: VC 22107 Unsafe Turn

    Quote Quoting adam_
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    As far I can read, there is no proscribed way to make that turn in the vehicle code...
    How about VC 22100(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
    ... (It doesn't sound like any of the exceptions listed under paragraphs 1, 2 or 3 of subsection (a) apply in this case... At least not based on what was posted in the OP).

    That does sort of fit in with what the officer stated:
    Quote Quoting Paulino
    View Post
    She said that I needed to turn into the right lane first, and then signal to turn into the left lane instead of turning into it directly.
    You weren't cited for 22100 though... But it is also possible that you did not signal your right turn which would be in violation of one of the elements of 22107... It all depends on what else the officer saw and how she will articulate it in court.

  4. #4
    Join Date
    Feb 2010
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    616

    Default Re: VC 22107 Unsafe Turn

    If you were not cited for 22100 then you cannot be 'guilty as charged under 22107' for an act that is a violation of a different section!

    How the OP presents his case will be critical- and if it goes to court, cross examining the officer and getting them to agree that the 'act' was not keepin in the correct lane. If they do that, move for a dismissal since the turn was actually not 'unsafe', and was perhaps a violation of 22100 but she didnt charge you for that. Officer will probably say 'oh, pedestrians' and 'oh other traffic'. In fact if they are like most officers they will say stuff like "there was traffic that night" and if pressed maybe admit "I cannot recall specicically if there were approaching cars at that time, but there was traffic on the road". See, not 'lies' per se, but just 'good testimony'.

    GL

  5. #5
    Join Date
    Nov 2010
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    2

    Default Re: VC 22107 Unsafe Turn

    Thank you, everyone, for the insight. If I am understanding this correctly, I should try to first establish that my turn was not 'unsafe' by describing the location and situation, and then try to ensure that she admits that the ticket was for turning into the wrong lane, and not for any other things she may have observed?

    Aside from pictures as evidence that there was good visibility/lighting, I am not sure how to really provide any proof that there were no cars/pedestrians around at the time, which means it would really just go down to her word versus mine. If she says that there was other traffic around, what other arguments can be used to help ensure that the turn is seen as safe?

    Also, out of curiosity, whats does CDM stand for? most people have been telling me it stands for Common Driving Mistake, but next to comments in parenthesis, it reads (weather, road, traffic conditions), so I have this nagging feeling that it actually means something else. If this is actually important, I suppose now is the best time to bring it up.

  6. #6
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: VC 22107 Unsafe Turn

    Quote Quoting Paulino
    View Post
    Also, out of curiosity, whats does CDM stand for?... (weather, road, traffic conditions)
    "Clear", "Dry", "Medium" respectively....

  7. #7
    Join Date
    Feb 2010
    Posts
    616

    Default Re: VC 22107 Unsafe Turn

    Any way to get a video of the traffic at the time. Be great to show no traffic at the time. Officer will likely lie about stuff once she realizes you are trying to establish there wasn't a safety concern. Did she have a dashcam video you can subpoena, or was there one at the convenience store.

    These guys get annoyed when i say 'officers lie'... so they put "my recollection" in front of "that there was considerable traffic" .. they know that generally all they need to do is give the judge just a little bit and the judge says "OK, I'll buy it". She may even recall there were pedestrians....

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