Unsafe Lane Change - LA county

[gaggz]

What is the name of your state (only U.S. law)? California

Hi,
I had a traffic citation in Torrance, CA section 22107. Here's what happened

I was on a major road (3 lane), was moving from middle to fastest lane, using indicator, well distance from any car. At same time, there was a car which was entering from a road to my left into this major road. Hence the car was making their left turn, into the fastest lane where I was headed to. The lady driver did not see me, I had to slam the brakes real hard. I did a loud honk, and the lady raised a hand (not sure if she was pointing or "showing a finger"). I had a 4 year old and 5 day old newborn in car, I was very disturbed. Immediately, I moved from left-most lane to middle lane, moved ahead, then moved back to left-most lane as I had to take a left turn. In this distraught state of mind, I did not use indicator, and there was clearly a good distance when I moved into fastest lane, ahead of erring driver.

A cop saw that and pulled me over. I explained the entire situation, how the lady endangered my kids. I said that I may not have given the indicator due to the state of mind I was in. The cops version: I did not use indicators, cut the car off, and made her slam the brakes. I am sure I was not that harsh on the erring driver. The cop said he could give me 3 citations but gave me 22107.

Hence my questions:

1. The cop said I will not get a point on my licence if I pay the fine, OR I could also choose to goto driving school (6 hours). My aim is that I should have no point on my license and my insurance should not go up. I do not mind paying the money (fine or driving school). The category is Infraction. Can someone please advise whether I should pay the fine or driving school and if any of these is a good way to settle

2. Secondly, shall I choose to goto court. My points: (a) cop did not look at the entire picture, (b) did not stop the primary offender, (c) if cop saw other driver who was a caucasian and I am Asian Indian, whether I can use "profiling"/unfair to race treatment, (d) cop was hell bent in giving me ticket even if I did not clearly endanger other cars, (e) he was utterly unfair and did not do justice, (f) I was brought into a situation where I may have not used indicatiors (g) I have a witness - my wife but I do not want to drag her along too much. Here is what can be in favor of cop: (a) no indicator (b) moving from fastest lane to middle and back again too soon (c) he believes I did endanger the erring driver (d) he may have a video recording that may capture my actions from an angle that may have looked not so safe....cameras cannot represent the distance accurately.

This was my very first citation ever in over 20 years of driving and I have been complemented once by a licensing authority during a road test for driving nicely. I do not want an offence in my record (or maybe this is too small to have been let it be there?). I am actually very disappointed at the high-headed cops. What option shall I take? I am willing to bury my ego and pay the money, but do not want a point or insurance to go up. Of course the citation cannot be erased from my US driving history..... but if there is a way to remove that then I would like to learn...

Please advise. Thanks a ton!

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Hi,
I had a traffic citation in Torrance, CA section 22107. Here's what happened

I was on a major road (3 lane), was moving from middle to fastest lane, using indicator, well distance from any car. At same time, there was a car which was entering from a road to my left into this major road. Hence the car was making their left turn, into the fastest lane where I was headed to. The lady driver did not see me, I had to slam the brakes real hard. I did a loud honk, and the lady raised a hand (not sure if she was pointing or "showing a finger"). I had a 4 year old and 5 day old newborn in car, I was very disturbed. Immediately, I moved from left-most lane to middle lane, moved ahead, then moved back to left-most lane as I had to take a left turn. In this distraught state of mind, I did not use indicator, and there was clearly a good distance when I moved into fastest lane, ahead of erring driver.

A cop saw that and pulled me over. I explained the entire situation, how the lady endangered my kids. I said that I may not have given the indicator due to the state of mind I was in. The cops version: I did not use indicators, cut the car off, and made her slam the brakes. I am sure I was not that harsh on the erring driver. The cop said he could give me 3 citations but gave me 22107.

Hence my questions:

1. The cop said I will not get a point on my licence if I pay the fine, OR I could also choose to goto driving school (6 hours). My aim is that I should have no point on my license and my insurance should not go up. I do not mind paying the money (fine or driving school). The category is Infraction. Can someone please advise whether I should pay the fine or driving school and if any of these is a good way to settle

2. Secondly, shall I choose to goto court. My points: (a) cop did not look at the entire picture, (b) did not stop the primary offender, (c) if cop saw other driver who was a caucasian and I am Asian Indian, whether I can use "profiling"/unfair to race treatment, (d) cop was hell bent in giving me ticket even if I did not clearly endanger other cars, (e) he was utterly unfair and did not do justice, (f) I was brought into a situation where I may have not used indicatiors (g) I have a witness - my wife but I do not want to drag her along too much. Here is what can be in favor of cop: (a) no indicator (b) moving from fastest lane to middle and back again too soon (c) he believes I did endanger the erring driver (d) he may have a video recording that may capture my actions from an angle that may have looked not so safe....cameras cannot represent the distance accurately.

This was my very first citation ever in over 20 years of driving and I have been complemented once by a licensing authority during a road test for driving nicely. I do not want an offence in my record (or maybe this is too small to have been let it be there?). I am actually very disappointed at the high-headed cops. What option shall I take? I am willing to bury my ego and pay the money, but do not want a point or insurance to go up. Of course the citation cannot be erased from my US driving history..... but if there is a way to remove that then I would like to learn...

Please advise. Thanks a ton!

Apparently, the cop saw the situation a lot differently than you did, and cited you accordingly. In court, it would be your word against the officer's account. In most cases, unless you're VERY convincing, or you have independent witnesses that can provide support for your version, that officer's version will probably be believed over your own.

And really? You'd actually try to use the race card in order to dispute this ticket? That alone, absent actual testimony in support of that outrageous claim, makes me believe the officer over you. Only someone trying to puff themselves up without any other evidence of such a claim would be so bold as to use race as a way to get out of a ticket.

So, you've gotten one ticket in over 20 years of driving. There was no accident, and no one got hurt or injured in this little mishap. Chalk it up to a learning experience and pay your ticket. (Your moral indignance is NOT evidence that can be presented in court, BTW.)

 

[CdwJava]

1. The cop said I will not get a point on my licence if I pay the fine, OR I could also choose to goto driving school (6 hours).

Actually, you'd have to do both. You can plead "guilty" or "no contest" and take traffic school if you are eligible. If you go to trial, that option may not be available to you.

(a) cop did not look at the entire picture, (b) did not stop the primary offender, (c) if cop saw other driver who was a caucasian and I am Asian Indian, whether I can use "profiling"/unfair to race treatment, (d) cop was hell bent in giving me ticket even if I did not clearly endanger other cars, (e) he was utterly unfair and did not do justice, (f) I was brought into a situation where I may have not used indicatiors (g) I have a witness - my wife but I do not want to drag her along too much.

(a) He doesn't have to look at the "entire picture."
(b) Apparently the officer thought YOU were the offender here. There is no issue in this situation as to a "primary" or other offender.
(c) Unless you can show that the ONLY reason you were stopped was due to race, do not even try to bring it up. I don't see that you have any evidence as to a racial motive behind the stop, plus, race is rarely that easy to determine from behind even if the officer did intend to be a bigot.
(d) The officer is free to issue a citation for a violation he observed. Apparently he felt you DID endanger another vehicle/driver.
(e) The officer does not have to be "fair" by your definition. He is only required to adhere to the law.
(f) Turn signals are required, and changing lanes within an intersection is never a good idea.
(g) It's our choice on whether you ant to bring your wife along to trial or not.

This was my very first citation ever in over 20 years of driving and I have been complemented once by a licensing authority during a road test for driving nicely.

None of which is proof that you are not guilty of the offense.

I do not want an offence in my record (or maybe this is too small to have been let it be there?)

If convicted, it will be on your DMV record. If you are able to attend traffic school, you can make sure that the point will not be on you record and thus your insurance should not rise.

I am actually very disappointed at the high-headed cops.

What is a "high-headed" cop? And, why the disparaging remark against cops when it was only one cop that cited you?

What option shall I take? I am willing to bury my ego and pay the money, but do not want a point or insurance to go up.

Then pleading "guilty" or "no contest" and attending traffic school may be your best choice. You may well lose at trial and the court is under no legal obligation to permit traffic school if you lose.

Of course the citation cannot be erased from my US driving history.....

It's not in any US driving history, it's only in the CA history. Any points would drop off after 3 years, and I believe the offenses drop off entirely after 7.

 

[gaggz]

Thanks

Thanks SandyClaus and CdwJava. I will take this as a learning opportunity. Thanks again (thumbs-up!)

 

[OHRoadwarrior]

Be glad he did not cite you for reckless driving.