i need a little advise with a citation 22400 (a)

[outlawzur]

What is the name of your state (only U.S. law)? California
this happened around 2:42 AM in Lakewood, CA. i was trying to pick up someone (Uber), the parking lot for the club was blocked and i was not permitted to enter, so i turned my emergency lights on, within 30 secs of doing that a sheriffs patrol flashes their lights on to my car ( face mainly) told the person to please stop flashing the light as i wear glasses, and it kind of hurts, officer asked me to move, i replied to her i was just waiting for someone, i will be gone in 30 seconds, she did not want to give me those 30 seconds and made a U turn and parked right behind where i was parked on candlewood st and clark ave. in the city of Lakewood, she told me that i had to follow her orders or this was the consequence, gave me a ticket, 22400(a), my question would be, can i argue this ticket i mean i was parked the car was not moving, emergency lights were on? the reason i ask is because i don't like to have a point on my record, and second am 36 never had a ticket till this officer gave me one, Bail amount is $238. also at almost 3 AM there was really no traffic nor was i blocking anyone, all i was trying to do is take some drunken person safe to their house. to make it a bit more dumb i guess on my part, this city is about 2 hours from where i live, in Palmdale california. any chances i could maybe just get that point off my record? any chance to argue this?

 

[FlyingRon]

It's never a good idea to take an attitude with a cop, especially when you are breaking the law. There's very good reason for the cops to have the lights like that (they are taught to make stops that way).

There's no provision for you to violate 24400 because you have your flashers on. You were stopped in the roadway is a pretty clear violation. Thirty seconds is an eternity when it comes to blocking traffic. The cop was the traffic.

Can't see anything that's going to get you out of the fine. If you want to spend the money on traffic school to avoid the point (and have not done so recently) you can see if that is offered (or contact the court as to its availability if it is not).

 

[HighwayMan]

Your car is not equipped with emergency lights since it's not an emergency vehicle.

When you fail to obey the lawful order of a police officer you should expect to face the consequences.

 

[outlawzur]

It's never a good idea to take an attitude with a cop, especially when you are breaking the law. There's very good reason for the cops to have the lights like that (they are taught to make stops that way).

There's no provision for you to violate 24400 because you have your flashers on. You were stopped in the roadway is a pretty clear violation. Thirty seconds is an eternity when it comes to blocking traffic. The cop was the traffic.

Can't see anything that's going to get you out of the fine. If you want to spend the money on traffic school to avoid the point (and have not done so recently) you can see if that is offered (or contact the court as to its availability if it is not).

the thing is that he was not stopping me i was already stopped. the officer was facing me, driving against the traffic (none existent at 3 am) towards me, many other card were stopped there but i was the lucky one with a minivan i did not see the officer do this to any other cars that were doing the same thing but me

 

[outlawzur]

Your car is not equipped with emergency lights since it's not an emergency vehicle.

When you fail to obey the lawful order of a police officer you should expect to face the consequences.

you are right my car is a minivan unequipped with emergency lights, excuse my wording so they are called Hazard lights, i did not fail to promptly i simply asked a question, she could have said no or yes whatever the answer could have been, it was just a question, i did not intend to block traffic at all nor fail to comply (i only obey my god)

 

[Zigner]

She didn't have to give you a break.

 

[HighwayMan]

...i simply asked a question...

You argued, and like every FHV driver I've come across during enforcement you somehow feel the rules don't apply to you because you're waiting for your passenger and have to make a living. Well, guess what? You have to follow the rules too and if you want to make a living you have to do it the legal way.

 

[CdwJava]

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.​

You arguably failed to comply with the section. However, you MIGHT have a defense if there was no traffic to be impeded. It may depend on the court. If any vehicles had to stop, slow, or go around you as a result of your position in the roadway (including the officer), then you will be found guilty.

The problem with cabs and Uber/Lyft drivers is that they sometimes think they can stop most anywhere. Yes,the police often cut them a break, but that does not mean they MUST do so - especially when you were first asked to move along and you decided not to take the hint.

 

[HighwayMan]

You arguably failed to comply with the section...

I don't know if there is a "failure to comply" statute in the CVC but that would have been a more appropriate charge (again, if it exists).

 

[PayrollHRGuy]

I don't know if there is a "failure to comply" statute in the CVC but that would have been a more appropriate charge (again, if it exists).

I think she simply meant "violated the law".

 

[HighwayMan]

I think she simply meant "violated the law".

Huh? I don't get it.

 

[FlyingRon]

I think Highwayman was talking about the officer telling him to move along or "else" and he didn't move along and he got the impeding ticket. He was suggesting that something like 2800VC might have been more appropriate, but frankly, either charge flies in my book.

 

[CdwJava]

I don't know if there is a "failure to comply" statute in the CVC but that would have been a more appropriate charge (again, if it exists).

Not that is relevant to that situation, no. If he had been cited for failing to comply with a traffic control device (such as a sign), then, yes. I meant the phrase in its most general usage.

I hadn't considered VC 2800(a) as I have never seen it used in such a situation. But, I suppose that could have been applicable as well.

 

[Just Blue]

you are right my car is a minivan unequipped with emergency lights, excuse my wording so they are called Hazard lights, i did not fail to promptly i simply asked a question, she could have said no or yes whatever the answer could have been, it was just a question, i did not intend to block traffic at all nor fail to comply (i only obey my god)

If you will not OBEY the traffic law then you will have your licence revoked.

 

[Zigner]

It's telling that your god starts with a lower-case 'g'.