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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Failure to Yield at Intersection with Cell-Phone

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

    I was pulled over for talking on my cellphone with violation 23123a just before an intersection. The cop also charged me with a 21806a failure to yield to an emergency vehicle and a 16028a proof of insurance. My question is about how to hopefully waive the failure to yield part of the ticket due to the location: at an intersection.

    I was approaching the intersection and in the right-lane between the turn-lane and the left lane in a two-lane plus turn-lane street. The cop turned its lights on well under 1000 feet behind me, in the turn lane and I did not have a way to pull over to the right before the intersection so I pulled over immediately after the intersection once I realized the cop was coming after me for the cell-phone. Please let me know what would constitute as a way to contest and hopefully waive this ticket, considering the circumstances.

    When the cop pulled me over, it was just across from my apartment-building and he asked me where I lived. This seemed weird, but if anyone knows why he would have asked me this, it would be interesting to find out.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Failure to Yield at Intersection with Cell-Phone

    The failure to yield is pretty easy:

    21806. Upon the immediate approach of an authorized emergency
    vehicle which is sounding a siren and which has at least one lighted
    lamp exhibiting red light that is visible, under normal atmospheric
    conditions, from a distance of 1,000 feet to the front of the
    vehicle, the surrounding traffic shall, except as otherwise directed
    by a traffic officer, do the following:
    Unless he was sounding his siren, 21806 doesn't apply.

    The proof of insurance is easy also. Just show up to court with a copy of your insurance card and it will cost you a $25 court fee.

    The cell phone thing isn't as easy. Are there any circumstances that made it ok for you to be on the phone?? For example... were you driving a school bus?

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