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If an officer citates me on the wrong vehicle code ....can I contest the traffic ticket?

  
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If an officer citates me on the wrong vehicle code ....can I contest the traffic ticket?

Postby siwili » Thu Dec 22, 2011 12:18 pm

I was not at a signal light.I dont think it was a stop light either. Just a blind alley going to a main road. with a max speed of 35 on that rd.
was going at 2 am looking for a 7/11 to grab some coffee and I found this cop car following me . I know was'nt doing anything wrong . It pulled up besides me and I saw the officers face. He pulled up some other cars and was checking on them. Ok...Friday Night..I understand. Grabbed my coffee and was turning right from the lane. Little did I know that the Cop was now lying in wait for me. I stopped before taking turning right . Soon as I pulled in the main road the fellow rushes behind me and flashes his lights.
. My rear glasses are full tinted- so I thought he'd just check me out . He walks up to me and says "you made me brake when I was going at 35mph. You should have looked on your left to make sure there is safe distance from your car before you turn. I am issuing you a ticket."
This is in .San Jose CA santa clara county and the citation code is 22100 on the ticket.
I looked up this code on DMV ( see below ) .
MY Q is ...does the below ANYWHERE implicitly relate or otherwise mention of an unsafe right turn.
IF NOT then can I contend this on the basis that I did not commit any offense that disobeyed this Vehicle Code . If it was some OTHER offense.- the officer is responsible of citating me on the right offense code. There I pray my case be dismissed.


http://dmv.ca.gov/pubs/vctop/d11/vc22100.htm
V C Section 22100 Turning Upon a Highway
Turning Upon a Highway

22100. Except as provided in Section 22100.5 or 22101, the 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.
siwili
 
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If an officer citates me on the wrong vehicle code ....can I contest the traffic ticket?

Postby oakley » Thu Dec 22, 2011 12:25 pm

It appears it should have been 22107:
22107. 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.

Is it definite that the last number is a 0? Did he write "unsafe turn" anywhere on the ticket?

However, a small one-number error on a ticket is not a reason to have it dismissed. Note that both 22100 and 22107 have the same fine amount.
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