Sunday, July 26, 2015

Tips on How to Fight an Improper Turn Ticket: California Vehicle Code Section 22100

Sometimes an officer issues you a traffic citation and you are left wondering what you did wrong. This often happens when a driver receives a traffic ticket for making an improper turn in violation of  California Vehicle Code section 22100.

VC 22100 

Vehicle Code section 22100 states, in relevant part:

[T]he driver of any vehicle intending to turn upon a highway shall do so as


follows:


"(a) Right Turns. Both the approach for a right-hand turn and a

right-hand turn shall be made as close as practicable to the
right-hand curb or edge of the roadway except:

(1) Upon a highway having three marked lanes for traffic moving in

one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn right into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.

(2) If a right-hand turn is made from a one-way highway at an

intersection, a driver shall approach the turn as provided in this
subdivision and shall complete the turn in any lane lawfully
available to traffic moving in that direction upon the roadway being
entered.

(3) Upon a highway having an additional lane or lanes marked for a

right turn by appropriate signs or markings, the driver of a vehicle
may turn right from any lane designated and marked for that turning
movement.

(b) Left Turns. The approach for a left turn shall be made as

close as practicable to the left-hand edge of the extreme left-hand
lane or portion of the roadway lawfully available to traffic moving
in the direction of travel of the vehicle and, when turning at an
intersection, the left turn shall not be made before entering the
intersection. After entering the intersection, the left turn shall be
made so as to leave the intersection in a lane lawfully available to
traffic moving in that direction upon the roadway being entered,
except that upon a highway having three marked lanes for traffic
moving in one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn left into any lane lawfully available to
traffic moving in that direction upon the roadway being entered."

Strategy to fight an improper turn ticket 


Thus, if you receive a traffic ticket for making an improper turn, you need to read through the requirements of this Vehicle Code section carefully. Usually, if you want to fight this traffic ticket in court, you must convince the  Judge that you were as close as practicable to the right or left- hand curb, given the conditions on the road at the time. 

 For example, if there was a pedestrian or bicycle traffic near the edge of the road, or something else in the roadway, this could be relevant as to why you could not be closer to the curb when you made your turn. If you had a passenger in your vehicle who can testify to these facts, try to bring your passenger to court and ask him or her about the bicycle, pedestrian or whatever else was in the roadway.  

Alternatively, you can fight this ticket by written declaration, which is stamped on the back of your ticket.  A separate post explains this.   You can also look at the California court website for advice.  

Hire a Traffic Ticket  Attorney 

If it is critical that you fight this ticket and win, this might be a situation where an experienced traffic ticket lawyer should be hired.  Traffic ticket lawyers may have additional strategies that they use to win in court.    

Cost of a VC 2100 ticket

The base fine for violation of Vehicle Code section 2100 (a) or 2100(b) is $35. But after penalty assessments are added, the fine is about  $238 in 2016, depending on which county you are in.  each county has their own penalty assessments to add to the ticket so these will vary. 

Of course, you can hire an experienced traffic ticket lawyer to fight this ticket in court. There are many traffic ticket attorneys who will help you fight this traffic ticket to avoid getting more points on your driving record. Good luck.


copyright © 2015 Christine Esser


The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Fight Your Ticket in California and Win is recommended for California drivers.  But if you are in another state, Beat Your Ticket is highly recommended.  We have received nothing from the author or publisher for recommending these books. Good luck. Thank you.

lasted updated. February 7, 2016

 
 

1 comment: