Results 1 to 4 of 4
  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default CVC 22107 Unsafe Turn Ticket After an Accident

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

    About a month ago, I pulled out of a parking lot onto a main street. I pull into the farthest right lane (dedicated right turn only) at a red light, where an 18-wheeler truck is already in the lane to the left of mine (his lane is a straight lane; our lanes separated by a solid line), and his right turn signal is on. When the cross traffic passes, the second I stop at the light signalling, he begins his right turn onto the cross street, while I am still stopped in the farthest right lane. The trailer of his truck crushes (and totals) my car. The police came, said they were faulting the truck driver at first, but the truck driver claimed he has a video recording from his truck cabin that the police officer should look at. A week later when the police report was finished, I was at fault for the accident and received a citation for cvc 22107 for $221 dollars.

    What are my options? I would obviously like to fight this, but do I have a chance? I heard that if you plead not-guilty at trial, and are found guilty anyway, that the fine imposed by the judge may be higher than the bail amount. Is this true? I heard that you aren't eligible for traffic school if there was an accident at the time of the citation... is this true?

    Without sounding pretentious, this accident has ruined my life; I won't be getting money from the insurance co., rate will go up, and I can't afford another car for at least a few more years as I am an unemployed college student with literally $0 in the bank, a huge credit card debt, and tens of thousands in loans to pay. I am looking for the cheapest way to handle this.

    Any advice is greatly appreciated.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: CVC 22107 Unsafe Turn Ticket After an Accident

    Quote Quoting kingkevo25
    View Post
    Any advice is greatly appreciated.
    You may not see this as advice, but I'm just going to explain to you how the officer was able to justify citing you for 22107. Whether you're able to somehow develop a defense strategy from that or not, I don't know...

    Here is CVC 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.


    The truck's presence in the lane adjacent to the right turn lane, and by virtue of the wide turn that he needs to make due to the length of his vehicle, is well justified. Add to that the fact that he had his turn signal on, you did not exercise "reasonable safety" by entering the right turn lane and further approaching the intersection to his right (thereby placing your vehicle in the way of the path of his vehicle).

    The only reasonable defense that I might see is that you can argue that he should have used his rear view mirror to ensure that he was not going to collide with any vehicles, objects or pedestrians for that matter. But then again, does that justify your presence at the corner while knowing that he was turning (since he had his turn signal on)? Probably not.

    That might work better in attempting to prove that you were not in fact at fault for the accident, but even then, whether you were at fault for the accident or not, doesn't affect your guilt or innocence of the violation you allegedly committed. Two separate matters.
    Quote Quoting kingkevo25
    View Post
    I heard that if you plead not-guilty at trial, and are found guilty anyway, that the fine imposed by the judge may be higher than the bail amount. Is this true?
    Not true. The bail amount remains the same whether you decide to plead guilty and pay it or whether you choose to contest it and take it to trial.

    Quote Quoting kingkevo25
    View Post
    I heard that you aren't eligible for traffic school if there was an accident at the time of the citation... is this true?
    Not true... Traffic school is not in any way dependent upon whether an accident occurred or not. You should keep in mind though that most judges will not allow you the traffic school option if you were to choose to contest the citation (if found guilty of the violation at trial).

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: CVC 22107 Unsafe Turn Ticket After an Accident

    Thanks for the words. I just came back from the clerk at the traffic division. She said that I am not eligible for traffic school because I was in an accident (I'm not saying you're wrong— this might be a county thing?).

    While I could've exercised better judgement, I did assume that either: 1) the truck saw me and knew what he was doing as he proceeded, or 2) he was signaling to indicate that he was going to pull to the right (or into the gas station) AFTER the intersection, which people do alot from a second lane with solid lines.

    So does anybody think I have a chance? I'm not sure what's worse, having to go to court during the holiday season, or having to pay the fine and get a point.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: CVC 22107 Unsafe Turn Ticket After an Accident

    Note that even if the CLERK is forbidden by the court rules from offering traffic school as an option does not mean that the JUDGE cannot offer traffic school.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. VC 22107 Unsafe Turn
    By Paulino in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 11-10-2010, 12:25 AM
  2. Unsafe Turn, VC 22107
    By midvalepride in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-24-2010, 09:51 AM
  3. Traffic Lane Violations: 22107 VC - Unsafe Turn
    By Kirilld in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-28-2010, 10:05 AM
  4. Traffic Lane Violations: 22107 Unsafe Turn
    By chadd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-06-2010, 07:27 PM
  5. VC 22107 Unsafe Right Turn
    By tsaiwoods in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-09-2009, 02:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources