Tips on How to Fight an Illegal U-turn in Business District Ticket: Cal. Vehicle Code § 22102

It’s easy to get lost in a business district when you are unfamiliar with a new area.  If you receive a ticket for an illegal u-turn in a business district in violation of California Vehicle Code section 22102 and want to review your options and, possibly, fight it, here are a few tips that may help.

VC 22102

Vehicle Code section 22102 states, “No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651.  This turning movement shall be made as close as practicable to the extreme left-hand edge of the lanes moving in the driver's direction of travel immediately prior to the initiation of the turning movement, when more than one lane in the direction of travel is present.” 

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

(1) no person; 

(2) in a business district; 

(3) shall make a U-turn; 

(4) except when an opening has been provided; 

(5) and the turning movement is made as close as possible to the extreme left-hand edge when more than one lane in the direction of travel is present.  

If you can convince a traffic court judge that any one of the elements of the statute is missing or that the exception applies, you can win your case.   You can do this by fighting your ticket in court or by written declaration, as stamped on the back of your ticket.  Tips for using a written declaration are listed on the California Supreme Court's website under self-help, then traffic tickets.  How to ask for a Trial by Written Declaration

Definition of a business district 

Vehicle Code 235 defines a  "business district" as that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists.”

Thus, if the area where you made the u-turn is not a business district, you may be able to eliminate an essential element of the statute and win your case.

But Vehicle Code section 22100.5 provides, “No driver shall make a U-turn at an intersection controlled by official traffic signals except as provided in Section 21451, and then only from the far lefthand lane that is lawfully available to traffic moving in the direction of travel from which the turn is commenced.”  Thus, at intersections with stop lights, any u-turn must be made from the far left lane. 

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 in court that an opening was provided and you made a safe u-turn, try to bring the passenger to court to testify for you in your case.   This evidence might convince the traffic court judge to dismiss your ticket.  

You can respond to this infraction by appearing in court or by Trial by Declaration.   More information on a Trial by Declaration can be found on the California Supreme Court's website and a link was listed above. You can also hire an experienced traffic ticket attorney to handle this ticket for you.     

Cost and penalty of a VC 22102 ticket 

A violation of Vehicle Code section 22102 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.  But the DMV could add a point to your driving record if you are convicted of this violation and you do not qualify for and attend traffic school. Also, your car insurance rates could increase.  

In 2016, the base fine for a violation of Vehicle Code section 22102 is $35.  But once all the penalty assessments are added, the actual fine will total about $238, depending on which county you are in when you receive the ticket.  Each county court adds its own penalty assessments and these vary by county.  The county court will notify you of the amount of the fine for the ticket.   

You want to plead guilty but lack the money to pay the fine or you just lost in court but can't afford to pay the fine. 

If you can't afford to pay the fine and can show the court that you are unable to pay the full amount on your traffic ticket, you may request the court to consider your ability to pay. However, you must appear in court to do this.  When you appear in court and plead “guilty” at arraignment, you may ask the courtroom Judge to consider your ability to pay and to reduce the fine to be paid.                                                                                                                                                 
If you plead “not guilty,” after a trial and conviction, you may ask the courtroom Judge to consider your ability to pay in deciding the fine. (Veh. Code, § 42003(c).) 

Additionally, regardless of your plea, if you are ordered to pay a fine you may ask the court for an installment payment plan that is based on your ability to pay, or ask the court to approve community service due to financial hardship


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, or does not respond to your Trial by Declaration the ticket can be dismissed


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.


Disclosure: If you click on the link below you will be directed to the Amazon website where you can purchase these books that provide additional advice on how to fight your traffic tickets. If you are in California, Fight Your Ticket and Win in California has helpful tips.  But if you are in another state, Beat Your Ticket can help you.  Good luck. 

Thank you.
Last updated: February 7, 2016