Results 1 to 6 of 6
  1. #1
    Join Date
    Feb 2018
    Posts
    2

    Question Impeding Traffic Violation After a Single Vehicle Accident, 22400(A) VC

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

    Situation:

    1. I was driving on South lake Tahoe road near mountain when it just started snowing and the road become more slippery when moved ahead where their was snow already present. So, my car slided and hitted a fence on side to stop.
    2. We stepped out and called emergency 911 service to tow our car, which was the best option for us.
    3. An Highway patrol office, asked to drive slowly and move forward, which we don't want to do and asked us to step in his car and we said him, we already called the towing service.
    4. Snow cleaning trucks cleaned the road and office asked if we can drive if roads as clear. We said no because their might be snow ahead and he asked the truck guy to help me remove the car off the road and i took a U-turn and drived back and stopped in turn out/side way out of the road.
    5. Then a tow truck came in and the office asked us to go with him but this is the guy, which he might called him even after saying we have already odered the towing, who was asking double the price which was $500. So, we said we will give half and drop to safe location where we can drive from.
    6. He said no and told officer, he stepped out and started saying me, he has to then charge me for a violation of IMPEDING TRAFFIC and SNOW CHAINS WARNINGS, finally wrote a ticket. Which is insulting a driver when is already in need after a collision, what to do.
    7. So, i don't understand how can i receive a IMPEDING TRAFFIC ticket when i am already out of way in side, even if he consider the case of i have stopped my car on road then that should be a valid reason according to rules/laws of 22400 to stop a car when their is already a collision and valid reason to stop and even which was literally on the side.

    So, please help me how to fight against this ticket and get it dismissed, if possible. Because, it doesn't make sense for me to give a ticket in such conditions. If that was the case, then their was lots of other cars was stopping in the side/turn out way where my car was after removing from road when he gave me the ticket, so they have to get the tickets as well, if we consider that situation.

    This ticket was mostly, he got frustrated of not accepting his help but how can we if he was asking that much and as we have already ordered one.

    I would really appreciate, if someone can please respond back what i should do.

    Thanks,
    Mujahedh

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Impeding Traffic Violation, 22400(A) VC

    We are not in a position to see how your car was situated on the road after the accident. If the officer contends that it was positioned in a manner that impeded or blocked the normal and reasonable movement of traffic, and you contend that it did not, you can dispute the ticket and ask a court to decide whether or not you were impeding traffic.

    If you provide more information about exactly where your car was located relative to the traffic lane, and what would have been accomplished to improve the flow of traffic had you followed the officer's instruction, we will be in a better position to comment on the validity of the ticket.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,041

    Default Re: Impeding Traffic Violation, 22400(A) VC

    You were told repeatedly to move your car and you refused.

    Then it turns out that it was drivable and you did move it.

    That's why you got the ticket.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Impeding Traffic Violation, 22400(A) VC

    Here is the section:

    Quote Quoting VC 22400.
    (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

    No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

    (b) Whenever the Department of Transportation determines on the basis of an engineering and traffic survey that slow speeds on any part of a state highway consistently impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law, when appropriate signs giving notice thereof are erected along the part of the highway for which a minimum speed limit is established.

    Subdivision (b) of this section shall apply only to vehicles subject to registration.
    You are free to go to traffic court and contest the citation. Understand, though, that if you lose at trial you are likely to lose the opportunity for traffic school (to relieve a point on your license which could increase your insurance premium for 3 or more years).

    Whatever you do, do NOT ignore the cite. Do not wait for a courtesy notice if it takes you past the court date. Take care of the matter one way or another on or before the court date indicated on the citation.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Feb 2018
    Posts
    2

    Default Re: Impeding Traffic Violation After a Single Vehicle Accident, 22400(A) VC

    Hi,

    When we hit the fence, the car was on the road but literally without blocking the traffic. And we stepped out and called the emegency towing service, then he was passing by and we said we just hitted the fence, so he said drive slow and keep moving forward which we don't want to do because it might be more dangerous as the road was slippery. Then, he asked us to sit inside his car and meanwhile the snow cleaning trucks was cleaning the road, when the road was pretty clean enough, he asked if we can drive and get out of way but as we were scared and none of us has experience driving in snow, so we thought just to wait as we have already ordered tow truck.

    Later on he asked the snow cleaning truck guy to help me remove the car off the road and i stepped out of officer car and went with him. I drived slowly and took Uturn and came back where officer was standing with my friends to get them in and stopped on the side way/turn out way which is completely out of road where other cars was parked. Meanwhile, the towing truck came which might was ordered by officer and he was asking double the price of regular tow truck. So, we said him we will pay you half and drop us to safe place down hill where we can drive easily from, he refused and informed officer. Once he refused, i started giving a try to put snow chains on which was in my car and even the officer seen i was trying.

    So, as soon as he informed officer that we are not accepting his tow truck/trying to reduce price. Then, he stepped out and said he have to give me a ticket of Impeding traffic and even warning on chains, this all happened after i have parked my car on the side way where other cars were parked out of road.

    So, i don't understand, if he gave us the ticket when we was stopping in the middle of road or even when we stopped the car after hitting the fence when the car was on road(which, i guess is a valid reason to stop the car when you had accident) then i can understand we were impeding traffic. But, as we are already out of way and didn't accepted his tow service, he got mad and gave the ticket because of that. Because, if thats the case then most of the cars stopped on the side way parked which can't drive not on the road/not impeding the traffic, then why he has to give the ticket to me.

    Even my ticket doesn't have any amount, he said the court/judge will decide what to do and how much should i pay.

    Please, suggest what should i do according to my condition.
    > Is this something which can be dismissed by sending a Trail by Declaration as it is not a major ticket and we do have valid reason to defend.
    > If i protest using TBD, if it got denied then i have to request new trail where i have to go inperson. So, do i have to hire an lawyer/attorney to fight for me or if i don't have anyone does court assigns me a lawyer to fight for
    me for no cost.
    > If i hire a lawyer, how much that might cost me and what is the best option to do. I am planning to protest to not get point on my record because i don't have an option of taking traffic school, for which eligibility is every 18
    months, which i have took couple months back. So, i can't go with that option.
    > Even the court he assigned me on the ticket is 150 miles far from my house, can i request to go to a court close to my house.

    Thanks,
    MJ

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Impeding Traffic Violation After a Single Vehicle Accident, 22400(A) VC

    Quote Quoting Mujahedh
    View Post
    Please, suggest what should i do according to my condition.
    > Is this something which can be dismissed by sending a Trail by Declaration as it is not a major ticket and we do have valid reason to defend.
    You can try a TBWD, but you have to request it within a specific time frame.

    > If i protest using TBD, if it got denied then i have to request new trail where i have to go inperson. So, do i have to hire an lawyer/attorney to fight for me or if i don't have anyone does court assigns me a lawyer to fight for me for no cost.
    There is no court appointed counsel for traffic infractions. You can hire an attorney on your own, or attend court on your own to defend yourself.

    > If i hire a lawyer, how much that might cost me and what is the best option to do. I am planning to protest to not get point on my record because i don't have an option of taking traffic school, for which eligibility is every 18 months, which i have took couple months back. So, i can't go with that option.
    An attorney can cost you a variable amount. There are traffic attorneys that will take your case for low cost (I've seen everything from about $400 to $750), but that's no guarantee of a dismissal. Very often, about all they can do is argue for lower penalties.

    > Even the court he assigned me on the ticket is 150 miles far from my house, can i request to go to a court close to my house.
    The time to request a change to the county seat is at the time of the stop. You can TRY to request a change of venue, but these are routinely denied absent good cause. Your inconvenience is likely not sufficient to justify inconveniencing the officer. Also, depending upon your county, there may not be another traffic court in the county where the offense occurred.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Other Violations: Ticket for Impeding Normal Flow of Traffic, Minimum Speed Violation, VC 22400(A)
    By HedleyLamar in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 06-02-2016, 08:45 PM
  2. Other Violations: Impeding Traffic by Stopping Briefly by the Sidewalk, 22400(A) VC
    By fredsmith in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 02-25-2014, 02:02 PM
  3. Other Violations: Impeding Traffic on a Highway, VC 22400(a)
    By Altinba in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 12-15-2013, 05:13 PM
  4. Other Violations: Impeding Traffic Ticket, California VC 22400
    By boo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 63
    Last Post: 09-29-2012, 02:24 PM
  5. Lights, Signs and Traffic Controls: Impeding Traffic Violation
    By jcmuny in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-08-2009, 07:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources