CHP Ticket help/advice needed

[Stephen Yeoh]

A few weeks ago, I picked up a trailer in San Diego that I had just bought (4x8 Harbor Freight) and was on my way home when I got a ticket on the I5 NB. This was near Katella and I was doing about 60-65 and most traffic was passing me. I was not in the left lane, but was towards the left side as I felt that there was a lot of traffic merging/getting off in the other lanes.

He cited me (infraction) for not being in the right lane 22348(c) uc and gave me a verbal (22406(b) uc) for approximate speed of 65 in a 55. As far as I can tell, he did not tail me. I saw him coming up to my left at a higher speed, then slow down alongside me before falling back and turning his lights on. The area was 670.

I now know (after looking it up) that I should have been in the right lane. I'm annoyed that he still chose to ticket me after I explained that I had just picked the trailer up and had not even been home with it. I showed him the trailer title with the transfer signed on the same day too.

Any suggestions on how to get out of this ticket? Thanks.

[Marshall Grice]

traffic school?

[Stephen Yeoh]

Traffic school is one option. It just seems silly to use traffic school for something like this.

[Jeff Shyu]

A few weeks ago, I picked up a trailer in San Diego that I had just bought (4x8 Harbor Freight) and was on my way home when I got a ticket on the I5 NB. This was near Katella and I was doing about 60-65 and most traffic was passing me. I was not in the left lane, but was towards the left side as I felt that there was a lot of traffic merging/getting off in the other lanes.

He cited me (infraction) for not being in the right lane 22348(c) uc and gave me a verbal (22406(b) uc) for approximate speed of 65 in a 55. As far as I can tell, he did not tail me. I saw him coming up to my left at a higher speed, then slow down alongside me before falling back and turning his lights on. The area was 670.

I now know (after looking it up) that I should have been in the right lane. I'm annoyed that he still chose to ticket me after I explained that I had just picked the trailer up and had not even been home with it. I showed him the trailer title with the transfer signed on the same day too.

Any suggestions on how to get out of this ticket? Thanks.

don't even worry about 22406.1(b) since he didn't cite you for it. When an officer gives you a "verbal warning" while NOT letting you off the ticket, it means he knows he doesn't have enough evidence to actually make it stick ("pacing" or radar).

here's where you play your game:

22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.



22406.1. (a) A person who operates a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, upon a highway at a
speed exceeding a posted speed limit established under this code by
15 miles per hour or more, is guilty of a misdemeanor.
(b) A person who holds a commercial driver's license, as defined
in subdivision (a) of Section 15210, and operates a noncommerical
motor vehicle upon a highway at a speed exceeding a posted speed
limit established under this code by 15 miles per hour or more, is
guilty of an infraction.

the bold section.

you are a passenger vehicle drawing a TRAILER, without an attached motor vehicle.

[Kurt Rahn]

BTW, if you haven't already, see ticketassassin.com to see how to fight it in writing. You don't want to go all the way back out there to fight it, plus your chances are a lot better of winning.

[Stephen Yeoh]

22406. No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.



22406.1. (a) A person who operates a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, upon a highway at a
speed exceeding a posted speed limit established under this code by
15 miles per hour or more, is guilty of a misdemeanor.
(b) A person who holds a commercial driver's license, as defined
in subdivision (a) of Section 15210, and operates a noncommerical
motor vehicle upon a highway at a speed exceeding a posted speed
limit established under this code by 15 miles per hour or more, is
guilty of an infraction.

the bold section.

you are a passenger vehicle drawing a TRAILER, without an attached motor vehicle.

Jeff,

Thanks. Just to clarify, if I have a go kart on the trailer (I didn't at this point), would that be considered towing a vehicle? Do you know of any options for fighting being in the wrong lane?

[Jeff Shyu]

Stephen,

I think it'd be a sticky point to argue with an officer on whether or not a kart on a trailer qualifies as a "vehicle".. the spirit of the law ultimately is for the safety of you and others around you. The idea of a 55mph limit is deemed to be a "safe" speed where you can reasonably slow/stop a car/trailer should the occasion call for it. this has to do with the classification of the trailer, towing limit, weights of the vehicle, etc (speed rating of the trailer tire does factor in though, i put on bigger than stock tires on my HF trailer just so it's a bit better to tow).

obviously anything towing a kart wouldn't be a problem (it'd be like giving your fat friend a ride in the car.. ), but a traffic commissioner may not see it your way. I would personally just stick to the 2 right lanes in the future, and avoid problems. even if you're going 75 in the right 2 lanes, the cop shouldn't give you grief.

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons. SO FAR, it's been 100% for my friends and I.

realize the risk (again, i haven't come up against that yet), that even that's not bullet proof, and if the commissioner rules against you, you can go to bat again IN COURT. you can win there too, but there's always the risk of a hardass guy that just won't side with you.

the only real "guarantee" is traffic school.

[Stephen Yeoh]

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons. SO FAR, it's been 100% for my friends and I.

Jeff, thanks for taking the time to answer my questions. I have another question - I'm afraid I don't understand what TWD means.

Thanks. Stephen

[Christine Grice]

(c) Any vehicle subject to Section 22406 shall be driven in a lane
designated pursuant to Section 21655, or if no lane has been so
designated, in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb. When overtaking and
passing another vehicle proceeding in the same direction, the drivers
shall use either the designated lane, the lane to the immediate left
of the right-hand lane, or the right-hand lane for traffic as
permitted under this code. If, however, specific lane or lanes have
not been designated on a divided highway having four or more clearly
marked lanes for traffic in one direction, any such vehicle may also
be driven in the lane to the immediate left of the right-hand lane,
unless otherwise prohibited under this code. This subdivision does
not apply to a driver who is preparing for a left- or right-hand turn
or who is in the process of entering into or exiting from a highway
or to a driver who is required necessarily to drive in a lane other
than the right-hand lane to continue on his or her intended route.

Stephen, what lane were you in? the way you worded it, it sounded like you were in the second to the right lane?

[Jeff Shyu]

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons. SO FAR, it's been 100% for my friends and I.

Jeff, thanks for taking the time to answer my questions. I have another question - I'm afraid I don't understand what TWD means.

Thanks. Stephen

trial by written declaration.

the "proper" method is:

1. you receive your ticket in the mail.
2. you wait until 2 days before the ticket is due, and call in to request a 30 day extension (they have to grant that to you over the phone)
3. few days before extension is up, you send in your form for request for trial by written declaration along with your report giving your side of the story, along with a check for the "bail" amount.
4. the cop is then notified that you have elected to do a TWD, and he, in turn, has to provide his side of the report, based upon his notes on the ticket from ~3 months back.
5. if the cop fails to turn a report in, or, if the ruling is in your favor, it all ends there, and you're refunded your bail.
6. if the ruling is against you, inside the envelope giving you notice of the ruling, will be a form for you to fill out, indicating that you are requested a "trial nuveau" or something like that. it's basically a mulligan, except in person.
7. if the cop doesn't show up to that, you win automatically. if he does, you still stand a fair chance to win.
8. if ALL else fails at this point. let the commissioner know that you felt you were in the right, but if the law is against you, you'd like the opportunity to learn from your mistake, and request traffic school (they say you can't request it anymore, but that's not true, you can ALWAYS request it, at any time).

I personally prefer a face to face fight with the cop in court, but that's obviously not for everyone..

[Lily Liu]

What Jeff said. I've done that before and it has worked for me. Sometimes you may even request a second extension.

If you are found guilty on the trial by written declaration, you can request an appeal, then you can request a change in venue to a location near your residence. You have to file a motion for that though, but given how to cop is in Irvine, chances of him showing up to the Santa Clarita courthouse are pretty slim.

[Jeff Shyu]

What Jeff said. I've done that before and it has worked for me. Sometimes you may even request a second extension.

you used to be able to.

now, they will only allow for second extension via in-person appearance. at that point, it's not worth my personal time..

[Giovanni Jaramillo]

I'm afraid I don't understand what TWD means.

Also known as TBM (Trial By Mail). Thus go to Kurt's URL that he mentioned.... http://www.ticketassassin.com

Worked wonders for me.

[Jeff Shyu]

trial by written declaration form

[Giovanni Jaramillo]

If you are found guilty on the trial by written declaration, you can request an appeal

Aka (Trial De Nuovo) - Latin for "new trial".....too bad it doesn't apply to criminal cases, else OJ would be using it right now!

[Giovanni Jaramillo]

you used to be able to.
now, they will only allow for second extension via in-person appearance. at that point, it's not worth my personal time..

Jeff's right on this. Though what you CAN do is if you make that in-person appearance at that point you can request a delay to prepare yourself but....how valuable is your time? Mine is expensive so it's your call.

[Stephen Yeoh]

Thanks everybody. I'll take a look at ticketassassin too.

Christine, I wasn't in the 2 right lanes, maybe the 3rd from the right? It also depends on if you count the merging lane in that count. It was also night time and on parts of the journey, it was drizzling very lightly. I just remember that there was the car pool lane and at least 1 more lane to my left.

[Jeff Shyu]

What Jeff said. I've done that before and it has worked for me. Sometimes you may even request a second extension.

If you are found guilty on the trial by written declaration, you can request an appeal, then you can request a change in venue to a location near your residence. You have to file a motion for that though, but given how to cop is in Irvine, chances of him showing up to the Santa Clarita courthouse are pretty slim.

just a FYI,

I know at least in OC and LA county, they now have designated days of the month (something like the 2nd and 4th Thursday, or something like that) dedicated for officers to show up in court to process their tickets. This means the people who bank on going to court and hoping the cop doesn't show up, have a much slimmer chances of that happening now (they obviously schedule your court appointment for those dates now).

lastly, as a matter of personal experience - cops lie on the stand. after personally experiencing this a few times, I'm not above fibbing my own story to advocate my case. If they can claim unsubstantiated "facts" in court, then so can I. your personal moral values may vary.. :unimpressed:

[Kurt Rahn]

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons.

I just got one in the desert over Thanksgiving, and I'm going the TWD route. Can you email me your template, Jeff?

[Jeff Shyu]

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons.

I just got one in the desert over Thanksgiving, and I'm going the TWD route. Can you email me your template, Jeff?

pm me your e-mail. i'll send you the last ticket i wrote up for my friend.

is your's for the standard speeding? or something more .. exotic.. ?

getting my friend's girlfriend out of cruising through a stop sign wasn't one of my proud moments..

[Kurt Rahn]

then you can request a change in venue to a location near your residence.

Lily, how do you do this? Have you had success filing the motion before? What are the chances they'd grant it? I'd love to move my location from Blythe to Pasadena. Think the a-hole cop would show for that? }:)

[Kurt Rahn]

Whoops...duplicate

[George Schilling]

I see where Jeff was going in his first reply. I was curious is this would work. Unfortunately, the definition of vehicle taken from the CVC is pasted below. It appears trailers would be included in that definition.

670. A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Amended Ch. 987, Stats. 1975. Effective January 1, 1976.

I agree with delay, then filing a TWD in hopes of a non-response from the officer. If not in your favor, change of venue for the new trial and hope he doesn't show up or you get a sympathetic judge (not likely). If your officer is in the court room, your case will go to trial. You will lose based on the evidence, but you could ask for mercy. If the judge rules against you, request traffic school.

[George Schilling]

if you decide to go with the TWD route, let me know. I have a pretty well set up template now that takes me about an hour to plug in info, and end up with a 7-10 page report that will generally make anything the cop writes, look like something on elementary paper written with crayons.

I just got one in the desert over Thanksgiving, and I'm going the TWD route. Can you email me your template, Jeff?

pm me your e-mail. i'll send you the last ticket i wrote up for my friend.

is your's for the standard speeding? or something more .. exotic.. ?

getting my friend's girlfriend out of cruising through a stop sign wasn't one of my proud moments..

Jeff, I'd like to see what you used for the stop sign. Why don't you just post it here?

[Jeff Shyu]

Jeff, I'd like to see what you used for the stop sign. Why don't you just post it here?

well.. ok.. but like i said, not one of my proud moments. I would personally never roll through a stop, but here's what i wrote for my friend to get his GF out of the ticket:

INDEX
1. CITATION BACKGROUND
2. NARRATIVE OF EVENT
3. DEFENSE
4. PICTURES/DIAGRAMS
5. SUMMATION

CITATION BACKGROUND
DATE: 02-08-07
TIME: 10:45 AM
LOCATION: EB on San Juan Creek Rd, at Camino Lacouague
California Vehicle Code cited: 22450 (a) - Stop requirements
22450.   (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad grade crossing shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.

If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway or railroad grade crossing.

(b) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety.

NARRATIVE OF EVENTS
The following narrative was written on the night of 02-08-07, shortly after arriving at home.

I was running some errands (going home, friends' house, etc.. fill in whatever sounds right) on the morning of Feb. 08, 2007, when I was pulled over for failure to stop at a stop sign at the crossing of San Juan Creek Rd and Camino Lacouague. I tried to explain to the officer that I had made a full and complete stop, to no avail.

I was driving east bound on San Juan Creek road. The traffic is very light, being mid morning on a weekday.

On approach to the Camino Lacouague cross street, I proceeded to slow down to a stop. I pulled to a stop roughly 5-8 feet before the stop sign. Checked left, then right, and proceeded to move through the intersection.

When I started to enter the intersection, I noticed the officer sitting in his car off to the right, on Camino Lacouague, I hesitated and slowed down, to double check the intersection.

I had not seen the officer parked there due to the other car that was parked street side on the south-bound direction of Camino Lacouague.

The officer was not very receptive when I tried to explain what had happened, and that I indeed HAD made a full and complete stop at the sign. We were at an impasse, and I had no choice but to sign the ticket to try to defend myself at a later date.

DEFENSE
22450 (a) specifies that a vehicle shall come to a stop at the limit line.

As a matter of habit, I tend to stop a few feet before the limit line due to a friend having a fairly traumatic accident where her car was swiped by a guy who ran a stop sign, and hit her car because it was partially protruding into the intersection.

This was the case here, where I stopped several feet ahead of the limit line, but still had a clear view of the entire intersection, including the limit lines of the cross street (Lacouague).

I believe the vehicle parked street side which blocked my view of the officer, also blocked his ability to witness my full and complete stop, leaving his perception to be that I rolled into the intersection, and then proceeded to roll through.

If you refer to the diagrams in the next section, I believe it will clearly indicate where our discrepancies lie, and why both parties (the citing officer, and myself) feel we were justified in our positions.

PICTURES/DIAGRAMS

1. Diagram 1 - Shows where I made a full stop, and how my view was partially obstructed by the parked vehicle on the street side.
2. Diagram 2 - Shows where I was when I noticed the officer, paused to double check the intersection, and then proceed slowly through.
3. Diagram 3 - Shows diagram 1 from the officer's perspective.
4. Diagram 4 - Shows diagram 2 from the officer's perspective.

SUMMATION
I believe that I was in full compliance of the California Vehicle Code. I made a full and complete stop before the demarked limit line, and I had a full and clear view of the intersection. My fault lies in that I panicked and slowed down when I saw the police officer, giving him the impression that I never made the stop, and was rolling through the intersection. Based upon the testimony, and the enclosed diagrams, I sincerely request the case be dismissed.

Thank you,