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I have a ticket 22101 d violation. I entered into the left

Customer Question
I have a ticket for...
I have a ticket for a 22101 d violation. I entered into the left turn lane which was indicated by a solid white line and arrow and then realized that it was the wrong street so I put my blinker on and moved out of it prior to crossing into the intersection. I was ticketed for 22651 because the officer didn't know what to write me up for and when I originally contested it with a written declaration, I was sent a corrected violation. I am going to court tomorrow because I was declared guilty under my written declaration.
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: they keep turning me down because of my written declaration
JA: Is there anything else important you think the Traffic Lawyer should know?
Customer: Yes, is this worth the fight? I clearly moved into a marked left turn lane, but CA does not have a specific law saying you can't cross a white line. I find it odd that even the officer didn't know what to ticket me for.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and connect you two.
Submitted: 1 year ago.Category: Traffic Law
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Customer reply replied 1 year ago
I also wanted to mention that the day after I filed for my trial by written declaration, the officer issued the correction. That was two months after the incident!
Answered in 3 hours by:
3/15/2016
Traffic Lawyer: Samuel-II, Attorney replied 1 year ago
Samuel-II
Samuel-II, Attorney
Category: Traffic Law
Satisfied Customers: 27,011
Experience: I have been handling minor traffic offenses for more than 20 years.
Verified

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So to be clear, at the scene you were ticketed for 22101 (d), you then requested a hearing and it was amended to 22651?

I suggest maybe the correct violation should have been 21651

21651.

(a) Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following:

(1) To drive any vehicle over, upon, or across the dividing section.

(2) To make any left, semicircular, or U-turn with the vehicle on the divided highway, except through an opening in the barrier designated and intended by public authorities for the use of vehicles or through a plainly marked opening in the dividing section.

(b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.

(c) Any willful violation of subdivision (b) which results in injury to, or death of, a person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or imprisonment in a county jail for a period of not more than six months.

So if you decide to continue to your hearing, you could mention the code cited, even after it was amended is not the correct violation. Keep in mind that it is a misdemeanor crime, and as such, if the court dismisses this without prejudice, it can still be brought and you can still be charged. That means, at this hearing you can be charged court costs and then have the ticket correctly reissued and then you will need to decide if you fight the correct or simply pay the fine.

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Customer reply replied 1 year ago
Hello Sam,Thank you for getting back to me! The situation is just the opposite of what you wrote. I was originally sites for VC 22651. The officer literally apologize for taking so long to ticket me because he didn't know what code to use. When I went to file for a written declaration, he amended the ticket the next day to VC 22101 d. I had moved into a left hand turn lane marked with a single white line and a white arrow. Long before the intersection and with all lights green, I put my blinker on and moved out of the left hand turn lane. There was no other traffic. Clearly I had intended to go left but they realized I need to turn on the next street. I know the code is written to say I disobeyed a traffic signal, but CA has no written code on crossing a white line. Do I have an arguement?
Traffic Lawyer: Samuel-II, Attorney replied 1 year ago

Thank you for the clarification. As I stated, if the matter is dismissed without prejudice the ticket can correctly be issued.

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Traffic Lawyer: Samuel-II, Attorney replied 1 year ago

So even if you argue that it was a wrong code, if the proper code is issued, it would still be legal. I suggest you need to weigh the court costs against the fine. Yes, you have an argument. But the court can dismiss it without prejudice. If it is dismissed with prejudice then the matter would be over.

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Samuel-II
Samuel-II
Samuel-II, Attorney
Category: Traffic Law
Satisfied Customers: 27,011
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Experience: I have been handling minor traffic offenses for more than 20 years.

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