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Moving violation

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Mrwhite, Oct 5, 2016.

  1. Mrwhite

    Mrwhite Law Topic Starter Guest

    Jurisdiction:
    California
    Hello I was wondering if you could help me with something. The other morning I got up and left for work. About a mile from my house I saw some flashing lights ahead. I slowed down to about 2 mph. When I got close enough I could see that there was a cop car and a fire truck in the middle of the road. (Basically blocking both lanes). There was no officers or fireman in sight. No signs, no cones, no flares. Just vehicles blocking the road. So instead of turning around I went to the right shoulder and proceeded with caution. (This is a very low traffic small side road). No other vehicles anywhere. With still no sign of any officers. As I started to pass the fire truck a flashlight shined on me. So I stopped. The officer said "where are you going?!!!" I said "to work where you going? He said "where am I going? Shut your vehicle off get out of the truck!!!" The officer demanded I get out of my vehicle and made me put my hands behind my back. Total *#%hole. So long story short he wrote me a ticket because he said I had an attitude. He started asking me about drugs and alcohol trying to bust me for anything. So after he radioed back to headquarters several times to find a violation code he wrote me a ticket for "driving off roadway"... True story. 21755(a)cvc I never even passed the fire truck.. There still was no sign of any accident and the officers said that they could not tell me what they were doing in the middle of the road when I asked. Do I have a case to fight this violation?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No.

    You admit you drove on to the shoulder. That's what you got cited for and that's what a judge will nail you for.

    As for being a total *#%hole" and having an attitude you're the one that fits that description for mouthing off at the cop.
     
    army judge likes this.
  3. CdwJava

    CdwJava Moderator

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    This is the section you were cited for:

    21755. (a) The driver of a vehicle may overtake and pass another
    vehicle upon the right only under conditions permitting that movement
    in safety. In no event shall that movement be made by driving off
    the paved or main-traveled portion of the roadway.
    You would have to show the court that your movement was safe. Without knowing the details, that may not be possible.
     

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