Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Improper Passing 21755 Vc

    Quote Quoting slroman
    View Post
    as he goes into the intersectiion to make his right turn he makes a lane change into my designated lane
    He was not "making a lane change"... He was simply turning the ONLY way that he can... It is a well known fact that a longer vehicle has a long(er) turn radius so his presence in the turning lane farthest to the left as well as his encroaching on the #2 turning lane(your lane) were both equally legal and wholly justified. And by virtue of the fact that when a vehicle is turning, the rear wheels will follow a path that is closer to the inside of that turn, you should have stayed back until he completed his turn.
    Quote Quoting slroman
    View Post
    as i was approaching the limit line the rear part of the trailer and tires hits my left front end
    Further proving that you should not have continued forward movement considering the fact that he was in the process of turning as you approached.
    Quote Quoting slroman
    View Post
    seems like to me he was in violation of 21658 a, and 22107
    I disagree.. more so regarding the 22107 (did he not signal???). As for the 21658(a), again, there is no way that a truck can turn (under these circumstances) without encroaching on the lane to their right.
    Quote Quoting slroman
    View Post
    the offficer cited me for passing him because trucks make wide right turns
    Precisely!
    Quote Quoting slroman
    View Post
    he shopuld have been in lane 2 not lane 1
    That's not going to get you anywhere. Instead, you can argue that he should have kept his eye on the path his rear wheels were following but even then, you have to keep 2 things in mind:
    • Your presence there (and your continued forward movement while he was in the process of making the turn) was the primary cause for the collision. And...
    • He has to also watch his forward movement to ensure that he stays away from other vehicle in his path. So he looks forward, back, forward, back... And my guess is he took his eyes off of his back wheels to check front (for a second or two), in the meantime, you snuck in between the curb and his path at which point, you had nowhere else to go.


    Sorry, that's how I see it... Your judge might see it another way, and you're free to try and fight it if you so choose.

    Good luck.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: Improper Passing Ticket for Passing on Shoulder
    By Khanizzle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-23-2011, 10:35 AM
  2. Traffic Lane Violations: 21755 Passing Safely on Shoulder
    By toddao in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-02-2011, 05:50 PM
  3. Traffic Lane Violations: When is Passing on the Right Allowed - VC 21755 Citation
    By tryingtoenterthefreeway in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 07-01-2010, 05:16 PM
  4. Traffic Lane Violations: Shoulder Passing on a Motorcycle, VC 21755
    By Mikes83 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 06-09-2010, 10:00 PM
  5. Traffic Lane Violations: Improper Passing
    By jdmiller2010 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-07-2010, 08:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources