Tuesday, July 14, 2015

Tips on How to Fight a U-Turn Ticket in a Residential District: California Vehicle Code section 22103

Sometimes you find yourself lost and need to turn around. You are careful when making your u-turn and do not see any traffic coming your way. But then suddenly you see those blue lights flashing and are being pulled over and given a ticket for making an illegal u-turn in a residential area in violation of Vehicle Code section 22103. If you are deciding whether to fight that ticket, here are a few tips.


VC 22103


Vehicle Code section 22103 states, "No person in a residence district shall make a U-turn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device."

Thus, the elements of this offense appear to be as follows:

(1) No person;

(2) in a residence district;

(3) shall make a U-turn when;

(4) a vehicle is approaching within 200 feet;

(5) except at an intersection controlled by a traffic-control device.

If you can convince a traffic court judge that any one of the elements is missing or that the exception applies, you were at a controlled intersection with a traffic control device when you made that alleged illegal u-turn, you can win your case.

Residence district 

Vehicle Code section 515 defines a residence district as follows: A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists."

Thus, if the street you were driving on was sparsely populated, you may be able to establish it was not a "residence district" thereby eliminating an essential element of the statute. 

Was there another Vehicle approaching? 

Alternatively, you may be able to establish that no other vehicle was approaching your vehicle within 200 feet when you made your alleged improper turn.

Was there a traffic- control device? 

And, of course, if you can establish that you made the u-turn at an intersection controlled by a traffic-control device, the statute does not apply to you.

For any of these tips, the more evidence you can gather for your case, such as photographs and witnesses, the better. Therefore, if you had a passenger in your vehicle who can testify at court that the only other vehicle on the street in the other direction was fully stopped and parked, not approaching your vehicle, you may be able to convince a traffic court judge to dismiss your ticket.

Contest the ticket in court, prepare a Trial by Declaration, or Hire a Traffic Ticket Lawyer to contest the ticket.  

You can contest this ticket by requesting a court trial or by Trial by Declaration as printed on the back of the ticket or by hiring a traffic ticket attorney. 

If you represent yourself in court or write your own Trial by Declaration, if the officer who issued the ticket does not respond, your ticket can be dismissed if you have not said anything that would allow the judge to find you  guilty of the traffic violation. If you lose the Trial by Declaration, you can request a trial de novo, a new court trial, but you must do this within a limited amount of time. Check the California Supreme Court's website on traffic tickets for more information. 


This was not an exhaustive list of defense strategies. An experienced traffic ticket attorney in your area may find additional defense strategies for your case. Many traffic ticket lawyers know the courts and are experienced at arguing for dismissal of Vehicle Code violations. 

VC 22103 is an infraction 


A violation of Vehicle Code section 22103 is punished as an infraction in California, which means that the penalty in court will only be a fine, not jail time, as long as you respond to the ticket by paying it or contesting it in court or by written declaration. 

Attend Traffic School 

The DMV can add a point to your driving record if you do not qualify and attend traffic school. Also, your car insurance rates could increase if you do not contest this ticket  and win or attend traffic school.  Generally, you should be eligible to attend traffic school if you have not attended traffic school within the last 18 months. 


VC 22103 fine 

The cost of the base fine for making an illegal u-turn in a residential district is $35 in 2016.  But the cost you will actually have to pay will vary by county because each county adds its own penalty assessments to the base fine.  Expect the fine to be about $238 or more. The county court will notify you of the amount of the fine for the ticket.


This was not an exhaustive list of defense strategies. An experienced traffic ticket attorney in your area may find additional defense strategies for your case. Traffic ticket lawyers know the courts and are experienced at arguing for dismissal of Vehicle Code violations. Also, if the officer does not appear in court when you are challenging your ticket, it can be dismissed


copyright © 2015 Christine Esser

Disclosure:  If you click on the links below you will be directed to the Amazon website. For more tips on fighting a traffic ticket in California, read  Fight Your Ticket and Win in California. Beat Your Ticket is recommended if you are not in California. We have not received anything from the author or publisher for recommending these books. If you make a purchase, we might receive a small commission that will not increase  the price your pay. Thank you.

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.

Last updated: 8-12-16


 

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