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Topic Review (Newest First)
09-07-2012 12:50 AM
reissigree I'm going to pay the fine if found guilty.. I don't plan on getting my license suspended.
09-07-2012 12:38 AM
2five22 Then CA Court will then order your Texas license suspended and you will still have to hire a CA attorney or appear personally to clear the suspension and original violation up.

I personally would never submit to a hearing by written declaration, but that's your choice.
09-07-2012 12:34 AM
reissigree
Quote:
Originally Posted by 2five22 View Post
This being the case, go to traffic school and avoid the entire issue. If you are found responsible, you will have to pay the citation to the Court. If you don't, the Court will suspend your driver's license. You will then have to hire an attorney in California to clear up the Court fines and to reinstate your license there or you will have to travel back to CA. yourself to do it. Then, you will have to deal with Texas, if you are cited there for driving on a suspended license or have to get a TX driver's license.

As far as the Paso Robles zoning website, it isn't a certified map and although it is web published by the city, it is not legally binding.
I'm actually from Texas and have a Texas license. That's the point of the Trial by declaration. You send in the money to the court and if you're found innocent then they send the money back. And I'll go to the city to get the maps. I'm a broke college student, I don't have $350 for traffic school and the ticket..
09-07-2012 12:34 AM
2five22
Quote:
Originally Posted by reissigree View Post
Exactly, so shouldn't that be enough to dismiss it?
The citation is for an improper U-turn. You will have to show that you did not perform such an action or that it was not prohibited where it occurred.

How close anyone may or may not have been is not an element of the offense.
09-07-2012 12:31 AM
2five22
Quote:
Originally Posted by reissigree View Post
I can't take it to court, I'm moving back to Texas soon.
This being the case, go to traffic school and avoid the entire issue. If you are found responsible, you will have to pay the citation to the Court. If you don't, the Court will suspend your driver's license. You will then have to hire an attorney in California to clear up the Court fines and to reinstate your license there or you will have to travel back to CA. yourself to do it. Then, you will have to deal with Texas, if you are cited there for driving on a suspended license or have to get a TX driver's license.

As far as the Paso Robles zoning website, it isn't a certified map and although it is web published by the city, it is not legally binding.
09-07-2012 12:28 AM
reissigree
Quote:
Originally Posted by 2five22 View Post
This point is immaterial to the cited violation.
Exactly, so shouldn't that be enough to dismiss it?
09-07-2012 12:25 AM
2five22
Quote:
Originally Posted by reissigree View Post
Also, the cop told me that he was too close to me when I made the u turn, but I didn't even have to brake to turn; it states on the ticket that I was only going 5 MPH.
This point is immaterial to the cited violation.
09-07-2012 12:11 AM
reissigree Also, the cop told me that he was too close to me when I made the u turn, but I didn't even have to brake to turn; it states on the ticket that I was only going 5 MPH.
09-07-2012 12:09 AM
reissigree
Quote:
Originally Posted by backwards View Post
Take this info to court. don't go with the wrong ticket story. Go with you should not have gotten a ticket. Bring photos of the area too.
I can't take it to court, I'm moving back to Texas soon.
09-07-2012 12:08 AM
reissigree City of Paso Robles: Zoning Information

Does this look official? Thanks, I definitely will verify that with the city!
09-07-2012 12:07 AM
reissigree
Quote:
Originally Posted by 2five22 View Post
In Arizona, no.

Civil traffic citations can be amended up to the point of the hearing and if memory serves me correctly, California has similar Rules of Civil Procedures. The Court will contact the officer issuing the citation and ask for his/her statement and they will get paid for providing it, on or off duty.

Is there a specific law prohibiting a U-turn where you turned? Is there a sign declaring such an action prohibited? If there is, pay the citation or go to traffic school. Trying to play with words isn't often productive for non-attorneys. Where did you get the map? Is it the city's official zoning map from the City Clerk's office or the Planning and Zoning department? For the Court to accept it, you'll have to present a certified copy. Did you get it from a non-official source - if you did, the Court will not accept it.

If there is not a prohibition, sign or otherwise, then you may have a substantive defense.
There was no sign prohibiting it, no. I'm the kind of guy that follows the rules. If I felt like I was driving reckless or endangering someone, then I would pay the fine without question. It just pisses me off that this kind of stuff happens
09-07-2012 12:02 AM
backwards Take this info to court. don't go with the wrong ticket story. Go with you should not have gotten a ticket. Bring photos of the area too.
09-06-2012 11:59 PM
2five22 In Arizona, no.

Civil traffic citations can be amended up to the point of the hearing and if memory serves me correctly, California has similar Rules of Civil Procedures. The Court will contact the officer issuing the citation and ask for his/her statement and they will get paid for providing it, on or off duty.

Is there a specific law prohibiting a U-turn where you turned? Is there a sign declaring such an action prohibited? If there is, pay the citation or go to traffic school. Trying to play with words isn't often productive for non-attorneys. Where did you get the map? Is it the city's official zoning map from the City Clerk's office or the Planning and Zoning department? For the Court to accept it, you'll have to present a certified copy. Did you get it from a non-official source - if you did, the Court will not accept it.

If there is not a prohibition, sign or otherwise, then you may have a substantive defense.
09-06-2012 11:46 PM
reissigree
Valid argument for ticket??

Long story short: I got a ticket a few months ago. I was going 10 MPH while looking for parking for the mid-state fair in Paso Robles, CA. As I approached the entrance to the fairgrounds, I saw that there was no more parking so I made a u-turn. Of course there was a cop behind me and he gave me a ticket.

He cited me for this code: 22103 vc
This code is defined as: "No person in a residence district shall make a U-turn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device"

I did my homework because we all know a Jeeper can't afford a ticket and still keep his Jeep running, especially not while attending college. Anyway, I looked up a map of the different zones in that area and came up with this:
I was traveling northbound where the red dot is turning southbound


The areas around me are defined by the legend as RSC: "Riverside Corridor" which is described as(commercial/light industrial) and C: "Civic" which was the fairgrounds.

From my understanding, the cop wrote the wrong code on the ticket. He cited me for a u-turn in a residential area when I was not in one. Is this enough to dismiss the ticket?

ALSO, on top of all of that, I'm not going to fight the ticket in court, I'm going to instead submit a "Trial by written Declaration." For those of you who don't know what this means: You basically write up your statement and send it in to the courthouse. This gives you an advantage because
1) The officer doesn't get paid overtime to write a statement like he would if he appeared in the courtroom.
2) I don't have to appear in court EVER.
3) If you don't succeed, you can file for "Trial De Novo" which basically means you get a retrial and you are still allowed to do traffic school
+ many more benefits

Cons:
1) This is only available in 9 states.
2) You give up your right to ask the officer questions
3) Any chance of dismissal due to the absence of the ticketing officer disappears
4) Because you’re not there in person it becomes much easier for the judge to find you guilty — all it takes is a rubber stamp

Based on all of that information, what do you guys think? Do I have a solid case?

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