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  1. #1
    Join Date
    Sep 2009
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    2

    Default Accident With Unsafe Passing and Unsafe Speed Violation in California

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

    I was recently in an accident while driving southbound on a two way street. 1 lane going each direction. The lanes are very wide (they could accommodate 2-3 lanes if they were marked. )

    There was a very long line of cars stopped and going slowly to the far left signaling to turn left at the next stop sign. I was in the line of cars then chose to pass to the right in order to go straight. I checked to see if it was safe to pass to the right and there were no cars, bikes or pedestrians.
    As I passed a car going northbound was making a left turn into a residential street. One of the cars yielded to allow her in. She turned left right into me.
    When the officer arrived at the scene he questioned one witness who said I was going "too fast for conditions" 40-45mpr (the speed limit there is 40mpr) and that I was passing in an undesignated lane.

    I believe it is legal to pass to the right if the lane is wide enough to acomodate two vehicles and it is safe. I am looking for the code or codesthat describes that. As far as speed it's my word against the witness and I know I was not going an unsafe speed esp with my kids in the car. I believe I was going 25-30mpr. I never told the officer how fast I thought I was going. I was pretty shaken. I just said I was NOT going an unsafe speed and definately not 40-45mpr.
    The officer had his mind already made up before he questioned me. In the report he even said that I said I was driving 40mpr when I never said that. He also said that I hit the other car, which I didn’t and the pictures of the cars clearly show the side of my car damaged and the front of her car damaged.
    I was cited for the two violations and she was NOT cited for not yielding to on coming traffic.
    I want to fight this! It's like the officer did everything to make me at fault and I don't get it. The accident report is completely wrong and the police say that it is what it is and it can't be changed.
    Do I have a chance here? does anyone know what the vehicle codes are to prove that I can safely pass to the right. Please help.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Accident With Unsafe Passing and Unsafe Speed Violation in California

    The unsafe passing citation is under CVC § 21755?

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Accident With Unsafe Passing and Unsafe Speed Violation in California

    And I'm gonna add that you were probably cited for Unsafe Speed/Basic Speed Law CVC § 22350 which states:
    No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

    If you are in fact cited for CVC 22350, then you should also read CVC § 22351.htm which places the burden upon you to "establish by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing”.

    The fact that an accident did in fact occur, and assuming that the officer can successfully articulate that "speed" was a Primary Collision Factor, your ability to rebut or refute his/her testimony will be a steep uphill climb.

  4. #4
    Join Date
    Sep 2009
    Location
    Yucaipa,Ca (so.ca)
    Posts
    35

    Default Re: Accident With Unsafe Passing and Unsafe Speed Violation in California

    Unless you have a eye witness to back up your story you're out of luck. The police officer sounds like a genuine jerk who would better serve the public if he quit the force.

  5. #5
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Accident With Unsafe Passing and Unsafe Speed Violation in California

    Yes The unsafe passing citation is under CVC § 21755. The officer was not present at the time. This his his opinion based on one witness.

    I was cited for CVC 22350. The officer was not present and In the police report he stated that I was drivng 40mpr which is the current posted speed limit. He did however say that according to one witness account this was "too fast for conditions". The witness was not an expert in speed estimation as an officer would be. I told him I was driving under the speed limit but he had come to his conclusion before he questioned me. Also the officer states and shows in his diagram in the report that I broadsided the other car which is incorrect. She broadsided me which is clear in the photos of the vehicles. I have side damage and she has direct front damage. Does this make a difference?

    I do have a witness that was there when I was questioned by the officer and will confirm that the statements the officer made in his report regarding my questioning were inaccurate. She will confirm that I never said I was driving at 40MPR and that I never said that I broadsided the other car.

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