Traffic Law

Have Traffic Law Questions? Ask a Traffic Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I got a 21651(a) verbal warning (because I did not drive…

I got a 21651(a)...

I got a 21651(a) verbal warning (because I did not drive cross a divided highway but was just merging back from a highway exit). But the officer was not so nice and gave me a 21755(a)-unsafe pass on right, but he wrote "pass on a shoulder" next to 21755(a). I am doing a written trial by written declaration now. I have picture to show it's not possible to drive on the shoulder (narrow shoulder). What key points should I write to fight it off? Thanks

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

CA. No. It's a very a simple matter, I think the citation is very doubtful as stated above.

Lawyer's Assistant: Do you need to appear in court?

No.. I requested written trial

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just the above

Show More
Show Less
Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 16 minutes by:
3/20/2018
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 123,355
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First thing you need to be aware of is trial by written declaration rarely are successful, regardless of your arguments. So do not be surprised if it is denied and you have to pay the bond and go to a real trial. If he wrote you for passing on the shoulder, then your photographs of the shoulder showing it is not possible to drive on the shoulder of the road would be your defense that should clear you of the citation. They say a picture is worth a thousand words, so you need to point out in your declaration that if the court pays close attention to the photographs they would see clearly that you could not drive on the shoulder as it was alleged in the citation and as such the citation should be dismissed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thanks. Can you please also comment what exactly is code 21755 (a) be used? The code is for unsafe pass on right but he misused it for "passing on shoulder". While I believe this conflict of usage and meaning of the code reveal the real situation: that he was merely trying to cite me for passing on the right (as I was merging back from exit lane of the highway back to the 2nd right lane, slightly passed the area where the dotted white line became solid white lane. It was NOT a unsafe pass but a safe merge and it would be unsafe if I did not merge back. Could you comment how may this help me -pls refer to the photos photos attached to see what I mean. Also do you know if the officer is required to submit his story by the same due date when I submit mine, or later? Finally, do you mean if Judge cannot agree with me then he will not automatically convict me but will instead call a real trial? Thanks again.

Thank you for your reply.

Unsafe passing is for any type of passing that the police says is not safe. It is a general catch all charge for any passing of any kind. The fact that he put on there the passing was on the shoulder, he was simply describing the type of improper passing.

Do not try to pick words apart in the statute, that is where pro se litigants get slammed by the court. Pro se litigants do it all the time, trying to play semantics with the language in the statute. You can argue how your driving action was not unsafe and why it was not unsafe and also show that it was not possible to be on the shoulder, that is your argument.

The officer would get notice of the declaration and submits his story. But I will tell you in most all written declarations, the court finds people guilty and forces them to file for a real trial in court.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thanks the part about focusing on why it's not unsafe is very helpful. Lastly, I heard if the officer did not care to write his declaration then the case is dismissed. Is that correct? Actually that's why some people say it's easier to fight off this way. But I guess my other question is: Judge will not convict me unless there is a real trial (sounds like that what you are saying). Thanks

Thank you for your reply.

No the judge WILL convict you with a written declaration and that forces you to appeal and pay the appeal bond to get a real trial. The officers almost always write their response in, but if they do not do so, then it would be dismissed, but you cannot count on that.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Also you mean the officer get to read my declaration first, and then before he write his? That's sound not very fair. Usually how long the officer has before his response (to my declaration) is due? Can the Judge say he cannot decide based on both sides' stories being not clear,and then what will happen?If I decide to not appeal then there is no appeal bond, correct?
Customer reply replied 1 month ago
I will leave 5 star feedback after I am clear about the process - thanks, it;'s my first time trying written declaration...

Thank you for your reply.

Yes, the officer gets to see what your defense is and write his response. That is how the process works, whether you believe it is fair or not (it isn't really fair, it is traffic court and a money maker, not a fair process we think about in criminal courts). I will tell you in 95% of the cases we see on written declaration the judge finds them guilty and forces them to go through the appeal process.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thanks for letting me know. I guess I am trying to understand why "forcing them to go" - the judge cannot force me to appeal if I say "enough with it" correct. But I guess what I really want to find out is if I can ask to change to a in person trial now - my declaration is due 3/26 next Monday. The court is in town and easily accessible. Thanks
Customer reply replied 1 month ago
I mean, correct?
Customer reply replied 1 month ago
what is the odds of appeal success? My normal understand is that appeals are usually hard.
Customer reply replied 1 month ago
Please respond to the above. I will have to prepare breakfast for my family soon and be away until 8:30. If still time for me to change to real trial I will run to court today. I hate to waste hard-earn money on this....
Customer reply replied 1 month ago
I already paid $294 bond on this white-line crossing to 2nd right lane to avoid exiting ......it's really ridiculous. I also mentioned to the officers other people are crossing back too, and he said I was in front of him :-(

Thank you for your reply.

In Traffic court, generally about 30% of the people are ever found not guilty. It is a very one sided process against the violator because it is a money maker.

Yes, it is ridiculous, but traffic court is generally called kangaroo court for that reason. You need to go sit in traffic court and just watch what happens if you do not believe me.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 123,355
Experience: Attorney with over 24 years of law and traffic law
Verified
Law Educator, Esq. and 87 other Traffic Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 123,355
123,355 Satisfied Customers
Experience: Attorney with over 24 years of law and traffic law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Attorney

561 satisfied customers

Private practice

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

532 satisfied customers

Run my own practice.

LawTalk

LawTalk

Attorney

359 satisfied customers

I have 30 years experience in the practice of law, including representation of clients in Traffic Court.

Marsha411JD

Marsha411JD

Lawyer

349 satisfied customers

Licensed Attorney with 29 yrs. exp. with Traffic Law issues

Tina

Tina

Attorney

234 satisfied customers

JD, 17 year experience including traffic law.

SoloLawyer

SoloLawyer

Attorney

173 satisfied customers

I help clients deal with traffic tickets on a weekly basis.

Barrister

Barrister

Attorney

158 satisfied customers

Attorney with over 17 years experience

< Previous | Next >

Related Traffic Law Questions
Received an out of state speeding citation. Sitting at home
Received an out of state speeding citation. Sitting at home looking at it, there is no information whatsoever on what device was used to capture my speed, or on road and weather conditions. Not sure h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,355 satisfied customers
Why do I have to go too court for a traffic citation that
why do I have to go too court for a traffic citation that says I was driving without insurance and I showed the officer proof of insurance. this is in Md and to me a waste of time.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
I received a citation for a minor traffic violation. At
I received a citation for a minor traffic violation. At first I didn't want a hearing, but then I changed my mind. I got the ticket last Thursday, then made a "skeleton payment" that was supposed to b… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,355 satisfied customers
I get citation for violating move over law. TN. I have to
Hi JA: Hello. How can I help? Customer: I get citation for violating move over law JA: What state are you in? It matters because laws vary by location. Customer: TN JA: What steps have you taken so fa… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Do I need to consult with a Vermont Highway lawyer to obtain
Do I need to consult with a Vermont Highway lawyer to obtain in public record a municipality record of when a traffic sign was erected? … read more
Ely
Ely
Attorney
Juris Doctor
561 satisfied customers
The citation was in Oregon state. I have a California
The citation was in Oregon state. I have a California driving license. I have not consulted a local attorney yet. … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I recieved a Citation for G.S. 20-14(j!) I work in a job
I recieved a Citation for G.S. 20-14(j!) I work in a job were I can NOT have my license suspended what are my options? … read more
Legal-Kal
Legal-Kal
Attorney
J.D.
600 satisfied customers
I got a traffic citation for not stopping behind a bus that
I got a traffic citation for not stopping behind a bus that had pulled over when there was a large pedestrian accident one block ahead of me with sirens and flashing lights blaring. I misunderstood th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,355 satisfied customers
I got a traffic citation and it states 3 options. Option 1:
I got a traffic citation and it states 3 options. Option 1: Personally appear in court. Option 2: Bring or mail this citation to the court along with a cashier's check for "total bail" Option 3: Sign … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I received a traffic citation for crossing a double yellow
I received a traffic citation for crossing a double yellow line. The citation shows “Location “ as the area where I was cited, which was about 5 miles from where the offense occurred. If the citation … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I received a citation for a red light. It was not issued by
I received a citation for a red light. It was not issued by law enforcement. It came through the mail with a picture of a truck but not necessarily mine. I understand that these tickets are not enforc… read more
Ely
Ely
Attorney
Juris Doctor
561 satisfied customers
I got a citation for speeding. In the approx speed he wrote
I got a citation for speeding. In the approx speed he wrote 35. In the posted speed he wrote 25. In the R&P he wrote 46. I thought R&P meant reasonable and prudent. Is this an error on the citation? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I received a traffic citation in MD to which I responded
I received a traffic citation in MD to which I responded with a Motion to Dismiss, replete with legal citings and case law. This same letter resulted in the dismissal of 2 citations in DC. The Distric… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,355 satisfied customers
I received citation-Emergency Vehicle Avoidance law. I was
I received citation-Emergency Vehicle Avoidance law. I was unaware of the law- citation in Georgia. I passed police cars with their lights on while thae sat on side of road of 4 lane highway. I am fro… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I got a citation for "fail to exercise highest degree of
I got a citation for "fail to exercise highest degree of care by improper backing/inattention" at a store parking lot in Chesterfield, MO. I was parked on a parking spot and while backing up hit the n… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 satisfied customers
In regards to a work zone on a highway, what factors does it
In regards ***** ***** work zone on a highway, what factors does it take for that area to be classified as a work zone? … read more
KLAW
KLAW
Juris Doctorate
2,047 satisfied customers
If a school bus pulls off a 2 lane highway and parks against
If a school bus pulls off a 2 lane highway and parks against the curb before activating stop signal. Can oncoming traffic proceed since the bus is parked against the curb in the opposite lane?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I got a speeding ticket from the California highway patrol.
I got a speeding ticket from the California highway patrol. However, I was on federal land in the Presidio. Can I fight this ticket on some sort of jurisdictional grounds?… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
895 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x