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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Default Cited for Stopping Without Signaling

    I was recently in an accident with an aggressive tailgater. We were driving 50 mph in a 45 mph road, and he was driving with about 5 to 10 feet between us.

    I tapped my brake pedal to signal for him to back off and he responded by flashing and holding his brights on me and closing in more. I hit my brakes and he collided with me.

    The police officer cited me for stopping without signaling. VC22109 in California. He also said that we were both at fault because of it.

    First of all, I think I would consider tapping my brake pedal an appropriate signal, and second of all, he responded by moving even closer and flashing his high beams. And of course, this is California, and I am under the impression that in California, anybody who hits you from behind is immediately at fault.

    Can I fight this violation in court?

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Cited for stopping without signalling

    That sounds a little odd. I don't doubt that there is a statute that covers driving where a person slams on their brakes and causes the vehicle behind them to slam into them (probably something along the lines of careless driving) but I don't know failing to signal covers it. Maybe one of the experts will jump in with the statutory language.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Cited for Stopping Without Signaling

    According to this, it is would be the person in the second car (behind) who is at fault for driving too close.

    http://www.expertlaw.com/forums/showthread.php?t=26596

  4. #4
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Cited for Stopping Without Signaling

    Here is some more research to those out of state:

    http://www.dmv.ca.gov/pubs/vctop/d11/vc22109.htm

    This is what I was cited for, and the reason I share fault in the accident.
    22109. No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.

    http://www.dmv.ca.gov/pubs/vctop/d11/vc22110.htm

    This is the manner prescribed to signal a stop:
    The signals required by this chapter shall be given by signal lamp, unless a vehicle is not required to be and is not equipped with turn signals. Drivers of vehicles not required to be and not equipped with turn signals shall give a hand and arm signal when required by this chapter.

    Okay, so if I am not mistaken that means that a brake light is sufficient signal to stop. Am I correct to assume that? If that assumption is correct, can I fight this violation? And if I do fight this violation, and win...does that mean that the accident is 100% his fault?

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Cited for Stopping Without Signaling

    Question: Can I fight this in court.

    Answer: Yes. You may go to court provide your testimony.

    No one can predict what will happen if you, as you say, "fight this violation, and win". Cal DMV laws are enforced by jurisdiction.

    There are 945 pages of DMV Code and they are basically about driving safely.

    You realize the way to avoid an accident is not to "tap" your brakes and cause a person to slam into you? My opinion - you caused the accident. And when someone flashes their lights behind you, pull to the right side of the road and let them pass.

    10 feet is the acceptable distance between two vehicles.

    You should read some about avoiding road rage before you cause an accident that kills someone. Your passive aggressive behavior is irresponsible.

    I think you both should have been cited for reckless driving:
    Reckless Driving 23103. (a) Any person who drives any vehicle upon a
    highway in willful or wanton disregard for the safety of
    persons or property is guilty of reckless driving.
    (b) Any person who drives any vehicle in any offstreet
    parking facility, as defined in subdivision (c) of Section 12500,
    in willful or wanton disregard for the safety of persons or
    property is guilty of reckless driving.
    (c) Persons convicted of the offense of reckless driving
    shall be punished by imprisonment in a county jail for not less
    than five days nor more than 90 days or by a fine of not less
    than one hundred forty-five dollars ($145) nor more than one
    thousand dollars ($1,000), or by both that fine and
    imprisonment, except as provided in Section 23104.
    Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.
    That's CA code.

  6. #6
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Cited for Stopping Without Signaling

    I just came back to the Sacramento area from Lake Tahoe and see many hundreds of foolish drivers on a regular basis. Why they don't cite people for 'following' in California is beyond me. (The CHP doesn't and I've even heard an officer say it in court.)

    In my opinion, after many years of driving many thousands of miles on California highways, I would truly guess that following too closely causes more accidents than speeding and drunk driving combined...although all 3 offenses are probably taking place in many instances.

  7. #7

    Default Re: Cited for Stopping Without Signaling

    Quote Quoting deadlock
    View Post

    10 feet is the acceptable distance between two vehicles.
    10 feet at 50 mph is anything but acceptable. It is downright dangerous, and when done, it is usually to intimidate the driver of the first vehicle.

    If CA law actually accepts or condones following as close as 10 feet at 50 mph, I would be amazed. The last I heard, that would get the offender a "too fast for conditions" ticket, and is a violation of the basic speed law.

    Note: I left California a long time ago, and things might have changed, but that is what I was taught when I learned how to drive there, and no, I'm not a lawyer.

  8. #8
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Cited for Stopping Without Signaling

    I think the simple fact that he collided with me when I had only moderately slowed down, is proof enough that 5-10 feet is not nearly acceptable.

  9. #9
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    174

    Default Re: Cited for Stopping Without Signaling

    I despise tail-gaters SO much, I would have lied and calmly said to the cop, "I slowed because the car in front of me slowed, when I was unexpected struck from behind". Then I would have gone to the best (and most expensive) shop in town and had the car fixed to concourse condition... on that jerks tab! C.Cheeze is correct, following too close is the single most dangerous issue on our highways. Anyone who thinks 10' is a safe distance needs to be removed from the road. I'm not even that close when stopped at a light.

    I hope you fight this charge.

  10. #10
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Cited for Stopping Without Signaling

    And I despise (so much) drivers who get in the left lane (the passing lane) and drive any speed, yak on their cell phones and think they are entitled to slow everyone on the road.

    So what I would do is when the cops come say, "Officer, the car in front of me couldn't have been going faster than 35 mph and had no taillights!" And by the time we got to court I would have an affidavit full of cases where those #$* @&^# 's caused accidents because they have a big chip on their shoulders and think everyone behind them should pass illegally on the right or follow them at THEIR speed. They refuse to drive on the right because they think they should be judge and jury of how everyone else on the road drives.

    They don't bother to look up the MVH codes of their state, but they have plenty to say about what they THINK should be.

    Next time I hope a semi takes the idiot right into the median and leaves them with their cell phone and arrogant attitude...

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