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  1. #1
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    Default Improper Passing, 21755 VC

    My question involves a traffic ticket from the state of: Ca , Exiting freeway with 4 turn lanes , 2 going left and two going right i was in the curb right turn lane and the truck driver was in the outside right turn lane as we begin to make our right turns the truck driver decieded to make a lane change into my lane then he hits my car. I get a ticket for improper passing can i win this ticket? any help would be helpful

  2. #2
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    Default Re: Improper Passing 21755 Vc

    Quote Quoting slroman
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    i was in the curb right turn lane
    What do you mean by "curb right lane"?
    CVC 21755. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.


    This citation charges you with passing on the shoulder (the "curb")... Is that where you passed him?

  3. #3
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    Default Re: Improper Passing 21755 Vc

    Quote Quoting That Guy
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    What do you mean by "curb right lane"?
    CVC 21755. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.


    This citation charges you with passing on the shoulder (the "curb")... Is that where you passed him?
    coming up to traffic light to make right turn in the right lane, truck driver in the right turn lane to my left goes into the intersection makes lane change into my lane even before i get to the limit line to make my right turn then hits my car as i am stopped in my traffic lane as i notice his trailer coming over into my lane, it is a double right turn lane inside lane opr the left right turn lane , and curb laneor the outside right turn lane. thank you

    Quote Quoting slroman
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    coming up to traffic light to make right turn in the right lane, truck driver in the right turn lane to my left goes into the intersection makes lane change into my lane even before i get to the limit line to make my right turn then hits my car as i am stopped in my traffic lane as i notice his trailer coming over into my lane, it is a double right turn lane inside lane opr the left right turn lane , and curb laneor the outside right turn lane. thank you
    was not on the shoulder i was in my lane

    was in my traffic lane not the shoulder

  4. #4
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    Default Re: Improper Passing 21755 Vc

    Quote Quoting slroman
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    coming up to traffic light to make right turn in the right lane, truck driver in the right turn lane to my left goes into the intersection makes lane change into my lane even before i get to the limit line to make my right turn then hits my car as i am stopped in my traffic lane as i notice his trailer coming over into my lane, it is a double right turn lane inside lane opr the left right turn lane , and curb laneor the outside right turn lane.

    was not on the shoulder i was in my lane

    was in my traffic lane not the shoulder
    OK, so the last part of 21755 (i.e. "In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.") is irrelevant.

    The question that needs to be clarified then is this: Was he in the process of turning when you approached the intersection?

    Also, what was the point(s) of impact... meaning which part of his truck hit which part of your vehicle?

  5. #5
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    Default Re: Improper Passing 21755 Vc

    T intersection 4 Lanes oneway 2 Lanes Goes left, 2 Lanes go Right all lanes are designated.
    we'll concentrate on the 2 designated right lanes, truck driver is in lane 1 next to the left turn lane, i am to his right in lane 2 both in our designated lanes as he goes into the intersectiion to make his right turn he makes a lane change into my designated lane as i was approaching the limit line the rear part of the trailer and tires hits my left front end, he went from lane 1 into lane 2. seems like to me he was in violation of 21658 a, and 22107, the offficer cited me for passing him because trucks make wide right turns , he shopuld have been in lane 2 not lane 1

  6. #6
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    Default Re: Improper Passing 21755 Vc

    Quote Quoting slroman
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    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
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    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
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    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
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    the offficer cited me for passing him because trucks make wide right turns
    Precisely!
    Quote Quoting slroman
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    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.

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