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  1. #1

    Default Impeding Traffic Charge for Stopping in an Empty Street

    My question involves a speeding ticket from the State of: California

    A few weeks ago, I was given a ticket in violation of traffic code 22400 (a)

    This states that:
    Minimum Speed Law 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.

    I was given this ticket at 11:30pm on a Friday night. I was on a very busy street which is home to many bars that college students frequent, and thus is difficult to navigate under the best of circumstances. On the night I received the ticket, I was picking up a friend of mine from a bar because he had had too much to drink. When I was almost to the bar, he spotted me and ran across the street and jumped in my car. I braked because I did not want to hit him, and the whole process probably took about 1 minute. There were no cars behind me. There was a police officer at the stop sign on the block behind me, and he saw my brake lights flash. He pulled me over, and I went on to a side street where he issued me a ticket for impeding traffic.

    Do I have any chance of fighting this??

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Impeding Traffic?

    You stated that it was a very busy street due to the many bars frequented by college students, and I'm sure the local court is painfully aware of this. You said there was no one behind you at the time you stopped and you hit the brakes because you didn't want to hit (your friend).

    The officer might state these facts:
    1. It is a very busy street
    2. You braked suddenly, in a travel lane
    3. I witnessed no situation that would cause her to brake so suddenly. (he didn't see your friend step in front of your car)

    Yes, there's always a chance to fight this, in court. But if you cannot disprove the officer's findings, it's your word against his, and in 99% of the cases, you will lose.

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Impeding Traffic?

    I can think of one. Where was the "traffic" you impeeded? You said there was none. Kind of difficult to impeed something that is not there, isn't it?

    Plus, didn't you stop for an "unusual hazard", your friend jumping into the street?

    The only thing I can think as bad is the duration of the stop being "about a minute". If you blocked a lane and caused a vehicle to change lanes to move around your car, even if it's a block away when it changes lanes, could be impeeding.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Impeding Traffic?

    Again, it's her word against the officers and, without her presenting solid proof that she did not impede traffic, theh courts usually take the word of law enforcement.

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