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  1. #5
    Join Date
    Sep 2009
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    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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