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  1. #1

    Default Impeding Traffic in California

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

    I was initially ticketed for making an illegal u-turn. i was on a dead end street. i later phoned the seargeant of the police department and stated that there were no "no u-turn" signs. he phoned back later and said the officer made a mistake, and would be changing the ticket to impeding traffic.

    and sure enough i got the corrected ticket in the mail... by the way there was no "traffic flow" and i made the turn in a safe manner, however, clearly they want the ticket to stick... so looking at the traffic code violation it states....

    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.


    my question is... does the california road code define "highway"? clearly i was on a dead end side street and wondering if this code is even applicable to what i "supposedly" done? any thoughts?

  2. #2
    Join Date
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    Default Re: Impeding Traffic

    Quote Quoting lennoxlennox
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    my question is... does the california road code define "highway"?
    Sure it does:

    CVC 360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.


    The argument that you're making (highway/street) will not get you much. You need to prove that you did not "impede traffic". Were there any cars around you that had to wait until you made your U-Turn?

  3. #3
    Join Date
    Feb 2008
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    Default Re: Impeding Traffic

    Geez, That Guy!!! You go through great lengths in your posts with much effort and research to show a person why you think they are guilty... but you spend practically ZERO effort in helping them develop a defese... which is what they came here for!!!!

    This case is quite obvious. The cop is just making something up because he cited you inappropriately to begin with.

    You have several good arguments:

    1. You were on a dead end street!!! By definition that means there was no flow of traffic!!

    2. There was no traffic!!

    3. As the cop recognized, you were making a legal U turn, so you were stopped or driving at a slow speed IN COMPLIANCE WITH THE LAW!!!

    4. As the cop's boss recognized, you were not making an illegal U-turn to begin with. Therefore, the cop had no probable cause to stop you for and anything that resulted from that stop (i.e. another ticket) should be inadmissable. He can't stop you for no reason and then get his boss to come up with something out in left field that justifies his stop. HE has to have probable cause to stop you... not his boss!!


    There are a lot of situations where I would advocate a defense that is pretty grey. However, this one is just about as black and white as any I have seen. That Guy, you really should try harder, lest you get lumped into the "you are guilty" crowd.

  4. #4
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    Default Re: Impeding Traffic

    Quote Quoting EWYLTJ
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    Geez, That Guy!!! You go through great lengths in your posts with much effort and research to show a person why you think they are guilty...
    Where in my post did I say anything about guilt or innocense???

    The OP asked a question as to whether a dead end street qualifies as a "highway" and according to the vehicle code, it does. Unless you can show me a statute that says otherwise, then I'd appreciate you posting it!

    Quote Quoting EWYLTJ
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    but you spend practically ZERO effort in helping them develop a defese... which is what they came here for!!!!
    I asked a question that up until now remains unanswered... if you call that "zero effort" then so be it... You're entitled to your opinon.

    Quote Quoting EWYLTJ
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    1. You were on a dead end street!!! By definition that means there was no flow of traffic!!
    Really? How do you know there was "no traffic"? Since you are making that assumption, then let me make one as well... let's assume that the OP was making a U-turn midway between the open end of the street (the intersection) and the dead end all while someone who resides at the dead end of the street was leaving (driving away from the dead end. Is that "traffic or not"?

    here's another one... Lets assume that a resident who lives at the end of the street was getting home, and the OP's U-turn movement took a few minutes to make because he is a new driver and instead of making a 3 point u-turn, it took an 8 point turn to clear the way. Was the OP impeding traffic or not?

    I could go on posing hypothetical all day long... But what kind of help am I offering the OP if a completely different set of circumstances occured at the time???
    Quote Quoting EWYLTJ
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    2. There was no traffic!!
    How do you know that? Were you there? Has the OP answered the question I posed in my last post?

    Quote Quoting EWYLTJ
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    As the cop's boss recognized, you were not making an illegal U-turn to begin with. Therefore, the cop had no probable cause to stop you for and anything that resulted from that stop (i.e. another ticket) should be inadmissable.
    So anybody and every body who gets an amended citation could use the "citation" changed therefore this new citation is inadmissable... Is that what you're saying?

    Quote Quoting EWYLTJ
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    That Guy, you really should try harder, lest you get lumped into the "you are guilty" crowd.
    EWYLTJ, you should really read posts before you critique them, AND you should try to at least establish facts instead of making assumptions, before you offer an opinion... A defendant needs to establish a set of facts (events that did in fact occur... not imaginary ones) and then demonstrate that those did not meet the elements of the violation he was cited for. But you already know that!!!

  5. #5
    Join Date
    Sep 2009
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    3

    Default Re: Impeding Traffic

    Both of you guys are being asked for advice, I'm sure we all appreciate your answers what ever their form. You're both welcome to look at my issue that's the post after this one LOL.

    Thanks to you both for taking the time to answer these questions at all.

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