Impeding Traffic for Sitting Briefly at a Green Light?

[Guest]

My question involves a traffic ticket from the state of: California

I was stopped at a red light waiting for my arrow to turn green before I made my left turn. For a split second I had glanced away from the arrow looking into my car and the soundings. In that short period of time I guess my light and turned green and I handed noticed. So the car behind me taped its horn to let me know if was our turn to make the right, as I intersection the intersection a Police officer approached the intersection heading the opposite direction and pulled me over. At first he claimed that he saw me using my cell phone, when I pulled my phone out of the my back pocket were it was the whole time, he gave me a citation for Impleading traffic because the car behind me had to honk for me to make the left. I was latterly only paused for 2 seconds before I made the left and It was really not doing anything other than I simply had looked away from the turn single. There was no other car other than me and the car that honked. Do I have a chance of fighting this off?

SECTION 22400 No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in
compliance with law.

 

[Michael Wechsler]

The summons sounds ridiculous to me. The officer will need to present proof as to why the summons is justified and you should be found guilty of the offense. It is not your job to prove you are innocent of the traffic infraction. Keep that in mind if you go to court. You will probably have an opportunity to speak to the prosecutor in traffic court which you may wish to do. If you go in front of a judge, you can cross examine the police officer. You can even ask if the officer has notes. You can ask where the officer was, how he'd know how much time you were in the intersection, which he/she would not have known if what you say is true. This is because if the officer claimed that the other driver had to honk to alert you after a long period of time, then the officer will have needed to have been at the same intersection and looking at you from the time the light turned green OR the time it took for you to move after being honked had to be extremely long so as to be subject to the traffic infraction.

If you show up to court and the prosecutor realizes the case isn't going to be made, the prosecutor can drop the case. In addition, the officer may not show, leading the prosecutor to drop the traffic infraction. This sounds like it may be worth it to challenge -- but of course, we don't know the whole story here so we are just speculating. Good luck.

 

[Betty3]

Maybe the officer was trying to make a quota of citations. If it happened as you say, agree to contesting it in court. Good luck.

 

[mightymoose]

I would certainly try to fight it, but in doing so I would not talk about being distracted and looking around. As far as you should be concerned you stopped for a red light as required by law and when you saw it changed to green you went on your way.
The officer should have cited you got distracted driving if anything. You might have some luck beating this one. Just be careful what you say and make the officer prove the violation.

 

[Michael Wechsler]

Good point by mightymoose. Perhaps a better phrase for "distracted" might be that your hesitation after the light turned green was only momentarily and that the driver behind you was quick on the horn. You don't have to explain that you may have been changing the channel on the radio or that you were watching an attractive person cross the street, etc.

 

[CdwJava]

CA does not have a true distracted driver statute, though, the basic speed law (VC 22350) is often used in that capacity.

The section cited could be appropriate depending on what the officer observed ...

22400. (a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.​

The officer's perception of the delay and the OP's perception would appear to be at odds. A judge will be required to sort it out. However, fighting the matter at trial can also result in the loss of the opportunity of traffic school if that is important for the OP.

 

[Michael Wechsler]

The officer's perception of the delay and the OP's perception would appear to be at odds. A judge will be required to sort it out. However, fighting the matter at trial can also result in the loss of the opportunity of traffic school if that is important for the OP.

Great point -- especially if the OP has reason to believe that the officer may have something to say about the delay and the reason for the distraction!