dmede
05-04-2005, 01:33 PM
and I won!
I got a ticket a couple months ago for what is known as “Passing on right while unsafe off main road” (CA vehicle code 21755). $146 fine plus traffic school or 1 point on my license.
I had just made a right turn onto a 4 lane road (El Camino Real) at a light. Traffic was stopped from where I turned all the way down the block due to a traffic signal that was out ahead. My destination was up ahead about 200 feet on the right, my local auto shop. I pulled out of stopped traffic into the vacant parking lane, drove to the shop and parked. I drove 10-15mph for a distance of 200ft. When I stopped I was surprised to see flashing lights behind me. The cop came over and told me I had illegally passed on the right. I figured he had nailed me because he thought I was trying to get around all the traffic by running up the whole block to the light and then turning right. I told him I was actually parking here for business. He asked what I would have done if someone in traffic had wanted to pull out to the right in front of me? I replied, I would expect them to use a blinker, just like anywhere else. No reply from cop. He gave me the ticket and on he went.
Well, in CA we can request a trial by written declaration where you write out your statement and submit it for a judge to review. I did that, arguing that I was not passing when I pulled out, I was parking and that there were no laws on the books in CA regarding how far you can move while parking and no laws that say you can not travel between empty parking spaces when parking. I added that the key element to CVC 21755 was that the passing on the right itself is not illegal but only if it is unsafe to do so and that the cop hade not made any arguments regarding the safety issue. Plus a CVC that states it is ok to pass on right in business districts (which only nominally applied).
At anyrate, the traffic judge apparently agreed with me and has refunded my full bail for the ticket, $146 woo hoo!
Fight the power man!
dave
I got a ticket a couple months ago for what is known as “Passing on right while unsafe off main road” (CA vehicle code 21755). $146 fine plus traffic school or 1 point on my license.
I had just made a right turn onto a 4 lane road (El Camino Real) at a light. Traffic was stopped from where I turned all the way down the block due to a traffic signal that was out ahead. My destination was up ahead about 200 feet on the right, my local auto shop. I pulled out of stopped traffic into the vacant parking lane, drove to the shop and parked. I drove 10-15mph for a distance of 200ft. When I stopped I was surprised to see flashing lights behind me. The cop came over and told me I had illegally passed on the right. I figured he had nailed me because he thought I was trying to get around all the traffic by running up the whole block to the light and then turning right. I told him I was actually parking here for business. He asked what I would have done if someone in traffic had wanted to pull out to the right in front of me? I replied, I would expect them to use a blinker, just like anywhere else. No reply from cop. He gave me the ticket and on he went.
Well, in CA we can request a trial by written declaration where you write out your statement and submit it for a judge to review. I did that, arguing that I was not passing when I pulled out, I was parking and that there were no laws on the books in CA regarding how far you can move while parking and no laws that say you can not travel between empty parking spaces when parking. I added that the key element to CVC 21755 was that the passing on the right itself is not illegal but only if it is unsafe to do so and that the cop hade not made any arguments regarding the safety issue. Plus a CVC that states it is ok to pass on right in business districts (which only nominally applied).
At anyrate, the traffic judge apparently agreed with me and has refunded my full bail for the ticket, $146 woo hoo!
Fight the power man!
dave