Results 1 to 10 of 10
  1. #1

    Default California 22100(A) Violation and Procedure to Contest

    The law states:
    CHAPTER 6. Turning and Stopping and Turning Signals [22100 - 22113]

    **( Chapter 6 enacted by Stats. 1959, Ch. 3. )

    22100.**
    Except as provided in Section 22100.5 or 22101, the driver of any vehicle intending to turn upon a highway shall do so as follows:

    (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.

    Situation:
    I was waiting in the right turn lane at a red light on a one way street. When the light turned green, I made the right onto another one way street, however there was three lanes and I made a wide right in order to end up in the left most lane. I feel like this is an example of situation 2 where I would have had the right to choose any of the three lanes to complete my turn into. I am not sure if I am allowed to disclose the intersection, but the officer happened to incorrectly label one of the street. The diagram depicts the turn from west to south, but from the incorrectly labeled intersection this would have led into oncoming traffic so it was probably just an honest mistake.

    I dont know how to contest this ticket and what my approach should be. Was I in the right and how would I bring up the incorrectly stated intercection if needed? Would I need to speak with the judge or a prosecutor? I just want to be prepared for the procedure and know what to expect. Admittedly, it was a wide right turn and the lines for the right turn lane seems to only include the middle and right lane, but as I read the law it seems like I should be able to go to the leftmost one as I did.

    Thank you for any help

  2. #2
    Join Date
    Mar 2018
    Posts
    326

    Default Re: California 22100(A) Violation and Procedure to Contest

    Yes, you are allowed and should disclose the intersection and describe the exact turn you made. When you do, we can comment more.

  3. #3

    Default Re: California 22100(A) Violation and Procedure to Contest

    The intercection was West 9th Street and South Grand Avenue, los angeles. I turned from West 9th onto south grand and the diagram showed an arrow going from west to south. But it was incorrectly labeled as Grand and 8th on the ticket. Should I fight that this was incorrectly labeled and I could not have made a right from that intersection, therefore an invalid ticket?

  4. #4

    Default Re: California 22100(A) Violation and Procedure to Contest

    The ticket is a promise to appear with an outline of why. The officer will fill in the details when he testifies. If he got the intersection wrong, he will be given an opportunity to correct.

  5. #5

    Default Re: California 22100(A) Violation and Procedure to Contest

    Ok thank you. The law is a bit confusing so I just wanted to make sure, but exception (2) would allow me to turn right into any lane correct? It seemed reasonably safe to turn onto the left most lane when I made the right instead of hugging the curb as this was from a one way onto another one way and I would have had the right of way. Now that I review the law I believe the officer was correct that the right turn was not as close to the curb as practicable, but he was mistaken in the ticket because exception (2) allows me to choose which lane I turn onto, correct? Should I print diagrams or be worried that I signed the ticket at that time without realizing the mistake of location? And it says to appear anytime before the a certain date, so I assume the cop won't be there and there will have to be another trial date? But all of these streets are one way, even the wrong intercection, so could I get it thrown out based on that fact and exception 2 applies?

    Sorry for the bombardment of questions I just want to be precise and know my plan of action, because this is new and pretty nerve wracking.

    Thank you again for your time!

  6. #6
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: California 22100(A) Violation and Procedure to Contest

    Quote Quoting LegalLemonAid
    View Post
    I dont know how to contest this ticket and what my approach should be. Was I in the right and how would I bring up the incorrectly stated intercection if needed? Would I need to speak with the judge or a prosecutor? I just want to be prepared for the procedure and know what to expect. Admittedly, it was a wide right turn and the lines for the right turn lane seems to only include the middle and right lane, but as I read the law it seems like I should be able to go to the leftmost one as I did.
    First, there is no prosecutor in traffic cases in California; second, the judge won't listen to your defense at your arraignment if you are pleading not guilty. If you plead not guilty you will present your evidence at your trial.

    What do you think that solid white line that goes around the corner is for? My guess would be that you can't cross it when making your turn.

    W. 9th & S. Grand
    *****
    I may not always be right, but I am never wrong.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,335

    Default Re: California 22100(A) Violation and Procedure to Contest

    Quote Quoting Jim Kozlovich
    View Post

    What do you think that solid white line that goes around the corner is for?
    According to this... https://www.dmv.ca.gov/portal/dmv/de.../traffic_lanes

    The only thing a single, solid white line should mean is a bike lane and it should become dashed at an intersection.

  8. #8

    Default Re: California 22100(A) Violation and Procedure to Contest

    I did not know that about the prosecutor so thanks for that. But the way the law is written, specifically exception (2), was my turn not lawful? The wording is a bit confusing and it took me a couple read through so I want to be sure. To my understanding, from the one way I can choose any lane to turn into, correct? And when pleading not guilty will I have an opportunity to correct the location so the officer may have a chance to correct it before trial. Or is that just like evidence and I'll have to say that at trial?

  9. #9
    Join Date
    Mar 2018
    Posts
    326

    Default Re: California 22100(A) Violation and Procedure to Contest

    Your turn was absolutely lawful. California driver handbook says the same. The reason why you're allowed to turn into any lane when turning right from a one-way street is that there is no traffic coming from the other direction and turning the same way as you to "compete" for the lanes.

    If you're OK to go straight to court trial, you can avoid posting bail if you go to arraignment in person and plead not guilty to a judge/commissioner. Or you can challenge it in Trial by Declaration, but you will have to post bail in that case and wait for a refund if you're find not guilty... which you should be. If somehow you lose TBD, you can and should still go to court trial (by asking for Trial de Novo). Testify to what actually happened, and to the place where it actually happened. Draw/bring a clear diagram (Google Maps satellite screenshot is perhaps best). It is not possible to turn right from West 8th to South Grand because they're both one way streets... and he did not charge you with going the wrong way on a 1 way street . So obviously his diagram is wrong. Don't worry about that. The truth is on your side and will set you free . I would actually be surprised if the cop even shows at trial (other to perhaps asks for charges to be dismissed) or files a response to your statement in TBD. He made a mistake.

  10. #10

    Default Re: California 22100(A) Violation and Procedure to Contest

    There is nothing in the vehicle code that prohibits a driver from crossing over a solid white line. Solid white lines mean lane movements are discouraged, not prohibited. As long as you approached the right hand turn from the right most lane, you can complete it into any lane you want. Telling the truth, using a printout of the google maps and citing the exemption is all you need to present. Either way, TBWD or a court trial should be sufficient.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: Traffic Island Right Turn Violation, VC 22100(A)
    By thor973 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-23-2016, 04:22 PM
  2. Traffic Lane Violations: California 22100(A) Violation
    By latindriver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 07-21-2010, 04:26 PM
  3. 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
  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. Traffic Lane Violations: HOV violation, but procedure not followed in Washington
    By thoraddict in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 01-03-2007, 01:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources