View Full Version : I fought the law...

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!


05-04-2005, 01:57 PM
Good for you. I once got a speeding ticket on Thanksgiving, with a company car, no less. I decided to fight it. The court date turned out to be Valentine's day. I lost and had to pay. The worst part was that the cop got real suspicious when the car's plates, which were manufacturer's plates, came up to a company and not a person. He didn't believe I was supposed to have the car until I pulled out my company ID and business cards.

[ 05-04-2005, 03:20 PM: Message edited by: Katherine ]

km gresham
05-04-2005, 02:02 PM
Katherine :(

Dave :D

05-04-2005, 02:15 PM
Originally posted by Katherine:
Good for you. I once got a peeding ticket on Thanksgiving, with a company car, no less. Were you peeding in a non-peeding zone? ;)

05-04-2005, 02:19 PM
Karen, the funny thing is cops around Detroit could care less about a Manufacturer plate. There's so many here that they're used to them. Unless your really creating a problem, they just give you a warning and tell you to head back to your building. As soon as you leave the area though, it's like open season. Traveling out of state with a M plate sometimes gets interesting. Cops always figure the vehicle is well insured and even if they impound it, some one's going to pay it's bill to get it back. I've taken an M plated car out of state before and am very careful to attract a little attention as possible.

05-04-2005, 02:20 PM
I just type too fast somedays. :D

km gresham
05-04-2005, 02:21 PM
Maybe you look suspicious ;) :eek: :D

05-04-2005, 02:46 PM
Katey here, not Dan.

I got used to being pulled over for no particular reason in Pennsylvania by cops who just wanted to look at the engine of my car ('67 Firebird convertible).


05-04-2005, 02:54 PM
Go Dave!

Fight the power! :cool:

05-04-2005, 03:56 PM
Got a ticket once for a.) driving in a reckless and imprudent manner (fishtailing as I rounded a corner) and b.) having an improperly illuminated licence plate. I decided to fight rather than admit guilt and pay fines. Took five months to get to court. At that time, sitting in the non-air-conditioned old courthouse in the middle of July, the judge heard my defence that the fishtailing was caused by my attempts to gain sufficient speed to make it up the hill I was on, and that the illuminated license plate was due to the entire license plate being non-visible. I then handed him an official Dept. of Transportation report on road conditions on the evening in question. Seems there was a blizzard that night, and more than a foot of snow had made the roads somewhat slippery and effectively buried any trace of license plates on truck step-bumpers. Seems the cop in question didn't like the judge's decision to throw out the case and call it "frivolous" and "silly", so he stood up in court and told the judge in some detail what kind of so-and-so he and his court were.

Policeman pays fine, Michael takes a walk.

Idjit cop. :rolleyes:

Ken Hutchins
05-04-2005, 03:58 PM
:D :D :D :D :D

Alan D. Hyde
05-04-2005, 03:59 PM
:D :D :D


Gary E
05-04-2005, 04:24 PM
Then there was the time I was stopped for speeding on the PA Turnpike ina NJ registered Company car and me with an Ohio license... Lots of splaing on why I had the car, where I wuz going, etc etc...normally a PA State Trouper gets ya and your just outa luck, but all that etc etc musta worked and he shook his head and said "slow down"...

Fast forward 10 yrs..
Now I am cought going 90+ on PA Turnpike and I explain to the Trouper that Dad's in the hospital and I am in a hurry... That time I got the ticket...As he got off the road at the next exit, I set it back to 90+...

km gresham
05-04-2005, 06:15 PM
mmd - priceless! :D

Ed Harrow
05-04-2005, 07:53 PM
Mike, that's the best one, period.

My offerings pale in comparison...

Edited version

3AM, November 1978

"What are you some kinda nut!!"

Oh, poops, I'm in trouble now.

"Don't you know it's cold out."

Oh, maybe there is a God...

"What is this thing, anyway?"

Sir, it is a 1970 LT-1.

"I gotta an L-88 myself."

Long story short, I got a warning for doing 64 in a 55 zone (note the date). Actual noted speed, (not on the citation) 93.

Fast forward to a few years ago (I hope the statute of limiations has run)

I got a ticket for an unregistered trailer (I was out sailing when the guy wrote the ticket)

Came home and, over SWMTMH protests, hitched on to the registry's website and registered it pronto, then filed with the court for a hearing. The judge didn't really know what she was looking at (the documentation from the registry indicated that the trailer was registered, even tho I didn't have an "official" registration. The state park cop was nearly equally clueless. The long and short of it was that I couldn't prove absolutely that the trailer was registered when the ticket was written, but they couldn't prove that it wasn't. Presumed innocent carried the day. ;)