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  1. #1
    Join Date
    Aug 2015
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    6

    Default Failure to Yield Violation in California, VC 21806(A)(1)

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

    Quick facts (from my recollection): I was driving south on Highway 280 in the left-most lane (it is a 4-lane highway). I was admittedly going fast. I see a police vehicle about 100-150 feet in front of me pull on to the highway from right of the highway and turn on its sirens at about the same time. When the police vehicle is about 10 or so feet in front of me, and one or two lanes to my right, I see the officer inside point at me, and in a state of mild panic, I immediately pull over to the left shoulder of the highway.

    Part one of my question is: given that 1) the officer was at no point behind me, 2) I would have had to cross 3 lanes to reach the right side of the highway, and 3) there was not really any room on the right shoulder to safely pull over (where as there as ample room on the left) do I have any grounds to contest?

    Part two should be rather simple to answer: I received two violations, one for speeding and one for improper yielding (to the left instead of right). Does this mean that even if I complete traffic school, that only takes 1-point off my record and the other point will remain?

    Thanks for any help/insight.

  2. #2
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    Default Re: Failure to Yield Violation in California, VC 21806(A)(1)

    You can try to get some sympathy from the court by arguing that you were surprised and/or confused, and pulled over instinctively without processing that you were doing so on the wrong side of the road, but none of that would be a defense to the charge itself.

    I suggest trying to get one of the charges dismissed, then disposing of the other through traffic school.

  3. #3
    Join Date
    Aug 2015
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    6

    Default Re: Failure to Yield Violation in California, VC 21806(A)(1)

    Mr. Knowitall,

    Thanks for your response, and my apologies for my late response. I received my notice of bail in the mail and had a couple questions:

    Quote Quoting Mr. Knowitall
    View Post
    I suggest trying to get one of the charges dismissed, then disposing of the other through traffic school.
    My understanding is that because both violations occurred in one citation, only one violation is counted in determining the points (12810(j) - "A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.")

    My second question is that I have a feeling (because I can't quite remember fully) that the officer did not sound his siren when he pulled me over, just flashed the red/blue lights. If it is revealed through discovery that he did not sound his siren, can I get this violation dismissed, even though the reason for the violation is the fact I pulled over to the left?

    21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:

    Thanks in advance.

  4. #4

    Default Re: Failure to Yield Violation in California, VC 21806(A)(1)

    You are correct on both counts. If he did not have the siren on, then you had no obligation to pull over, either left or right, so make sure to play that card. And 12810(j) does appear to state you should only receive one point, even if you're convicted of both offenses. You might even be able to avoid that one through traffic school. Be sure to ask the judge about that.

    On another note - you saw a police car with at least lights on in front of you, and you did not slow down, but instead tried to pass it??? You seem like a smart guy otherwise.

  5. #5
    Join Date
    Aug 2015
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    6

    Default Re: Failure to Yield Violation in California, VC 21806(A)(1)

    Kokobill,

    Thanks for your response! Follow up question: I've scheduled an arraignment for a little less than a month from now. Would you advise that I try and request some kind of evidence (like dashcam footage or something) now so I can decide whether or not to contest that violation at the time of the arraignment? Because I'm assuming I have to make a plea on that day. And if the dashcam shows that he did sound his siren, then at the very least I can try ask for a fee reduction.

    And no, I didn't try to pass him! He pulled on to the highway about 100 or so feet in front of me, and I did slow, but I believe he had already clocked me at that point. But it was only at the time he pointed at me (after I basically caught up to him, because he just pulled on the highway and was going slower than the rest of the traffic) that I knew I was the one being pulled over, because he was never actually behind me, which is usually how one knows to pull over.

  6. #6

    Default Re: Failure to Yield Violation in California, VC 21806(A)(1)

    You should try to get the dashcam footage, but you should definitely get his notes regarding the citation. If he only came on the freeway to pull you over for speeding, then he normally would not have the siren on. Typically they just turn the lights on when they pull people over for traffic infractions. Unless his notes specifically state he turned on the siren, your testimony should be that he did not.

    But you don't have to have either the notes or dashcam video until the court trial. At arraignment, your plea should be not guilty.

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