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  1. #1
    Join Date
    May 2009
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    Default VC 22107 Unsafe Right Turn

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

    I got pulled over because of "Unsafe Right Turn" and not yielding bicyclist. I was driving 10 mph on the max. speed 35 mph local street on Camden Ave, San Jose CA. I was making a right turn on Graystone Ln. with a bicyclist behind me. Before I made the turn, I saw the bicyclist so that I purposely slow down and made the turn. After that, I got pulled over after I made the other right turn on to Graystone Ln. The officer claimed that I didn't yield the bicyclist and this cause him to brake. The bicyclist was not closed to me when I made the turn. In this case, if I saw a bicyclist like 20 yards behind me, should I still yield? If I stop in the middle of the road, it may cause the car behind me hitting on me or cause conjunction. Do I have chance to fight for my citation?

    Thanks,

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    Default Re: VC 22107 Unsafe Right Turn

    Quote Quoting tsaiwoods
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    I got pulled over because of "Unsafe Right Turn" and not yielding bicyclist.
    22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
    Quote Quoting tsaiwoods
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    I was driving 10 mph on the max. speed 35 mph local street on Camden Ave, San Jose CA.
    Your speed and although it might fall under "reasonable safety" is not an element of this charge.

    Quote Quoting tsaiwoods
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    I was making a right turn on Graystone Ln. with a bicyclist behind me. Before I made the turn, I saw the bicyclist so that I purposely slow down and made the turn.
    Maybe you slowed down too much... As in gave him an opportunity to get closer to you.

    Quote Quoting tsaiwoods
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    After that, I got pulled over after I made the other right turn on to Graystone Ln. The officer claimed that I didn't yield the bicyclist and this cause him to brake.
    As in "affecting another the other vehicle's movement" i.e. the bicycle.

    Quote Quoting tsaiwoods
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    The bicyclist was not closed to me when I made the turn. In this case, if I saw a bicyclist like 20 yards behind me, should I still yield?
    I'm guessing that according to the officer's opinion, you should have yielded due to the possibility that the bicylist was less than 20 yards behind you.

    [QUOTE=tsaiwoods;315310]If I stop in the middle of the road, it may cause the car behind me hitting on me/QUOTE]
    If you signaled your turn as required, one would assume that the vehicle behind you would have either slowed down with you or got around you assuming there is enough room.

    Quote Quoting tsaiwoods
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    ...or cause conjunction.
    The officer's view may be in the line that you almost caused a conjuncture with the bicyclist had he not slowed down.

    Quote Quoting tsaiwoods
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    Do I have chance to fight for my citation?
    In cases like this, it is your word against that of the officer, and most of the time the officer wins. Unless you can find a way to raise reasonable doubt that his opinion was incorrect or unjustified, you will lose.

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