Just because you forgot to signal, that does not necessarily mean you should have to pay a traffic fine. Here are some tips you may be able to use if you want to fight a traffic ticket for violating California Vehicle Code section 22107.
Vehicle Code section 22107 states, “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.”
Thus, it appears that two elements must be established. The first element is that the vehicle turned or moved right or left on a roadway. The second element is that another vehicle was affected by the movement.
In People v. Cartwright, the appellate court states, “The failure to signal a lane change does not always violate the Vehicle Code, (Veh. Code, § 22107 [signal required only when another vehicle may be affected by the movement].” (People v. Cartwright (1999) 72 Cal. App. 4th 1362, 1366, fn. 6, overruled on another point in Brendlin v. California (2007) 551 U.S. 249, which held that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver. But in People v. Miranda, the appellate court observed that when the police vehicle is behind another vehicle that fails to signal, the police vehicle may be affected by the failure to signal because the primary benefit of the signal requirement is for vehicles to the rear of the signaling vehicle. (People v. Miranda (1993) 17 Cal.App. 4th 917, 930. )
Penalty and fine
A violation of Vehicle Code section 22107 is an infraction, punishable by a fine. The base fine is $35. But penalty assessments are added by each county which increases the amount of fine that you will pay if you pay the ticket to approximately $238 in 2016.
This is 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, your ticket can be dismissed. You can also challenge this ticket by written declaration as stamped on the back of the ticket.
Also, to learn about additional defense strategies, you can purchase a book by Nolo Press listed below.
Good luck.
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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 Amazon link below you will be directed to the Amazon website. This short blog post may not contain all the information you would want to have to be able to fight a traffic ticket successfully. If you are in California, for more information, we recommend Fight Your Ticket and Win - California. If you are not in California, we recommend, Beat Your Ticket. Both can be obtained from Amazon by clicking on the links below.
