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  1. #1
    Join Date
    Feb 2009
    Posts
    29

    Default California 28001 a

    My question involves a traffic ticket from the state of: California
    My dad said he had to swerve to miss hitting a car that cut him off into the carpool lane. He did not know when to get out and the cops tried pulling him over. He thought is was unsafe to pull over and got scared etc. They got him to stop eventually and charged him with 28001a and 21655.8a.
    His ticket said to appear on a specific date and time. I took him and they had nothing filed. Told him they have up to 9 more months to file?
    He had no intent on evading police which I read was the requirement for that violation. He is elderly and if not now soon should probably not drive. I've asked people that have been in the car with him and I have not seen him being a danger to anyone.
    Should he get an attorney or wait and see etc?
    Any help/advise would be greatly appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,124

    Default Re: California 28001 a

    It's 2800.1(a)

    http://leginfo.legislature.ca.gov/fa...tionNum=2800.1.

    It would be a good idea for him to consult an attorney. There's a good chance that the evading charge could be dropped due to your father's age.

    Sounds to me like your father should give up driving now, not later.

  3. #3
    Join Date
    Mar 2018
    Posts
    315

    Default Re: California 28001 a

    Wait till they do file... they may not file 2800.1. If they do, consult an attorney.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,195

    Default Re: California 28001 a

    21644.8 is a chickenpoop charge which is probably the most he's guilty of. However, they chose to overcharge him with a serious charge (2800.1 is a misdemeanor). Unless they decide to come to their senses on this inappropriate charging, he absolutely needs an attorney. Frankly, imho he's not guilty of either.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,354

    Default Re: California 28001 a

    21655.8 was the underlying offense that led to the 2800.1(a) offense, that's why he was also cited for it.

    Yes, he should speak with an attorney. Depending upon the facts of the case, such as the distance traveled, his actions on the roadway when the officer attempted to stop him, etc., the matter MIGHT be resolved with a plea to the HOV offense (VC 21655.8). To convict him of the evading charge (VC 2800.1(a)) they will have to show willfulness. However, I'll tell you from experience, that's not that tough a case to make if the police are behind you for a ways and there are ample places to yield.

    In similar matters I have been involved in that also involved an elderly driver, the court has also sought a re-examination of the driver by the DMV. Depending on the facts, if the driver was unable to determine how or where to exit the HOV lane or how and where to stop when the police are attempting to detain him, he may very well need such a re-examination before he returns to the road.
    **********
    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

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