HoboFred
06-03-2006, 12:08 PM
So, last night coming home from playing pool with a few buds around 230 AM I was driving home in no rush going about the speed limit (officer said i was going 45 in a 40) except I took one regular right turn a little fast (just didn't feel like braking and then re-accelerating so I probably took the right turn at about 30 MPH) and then made an immediate left into my residential neighborhood. In there the office followed me a little bit and then pulled me over. After yelling at me and putting my friends and I in the back of the squad car for about half an hour he finally issued me a ticket. Before getting into that though let me mention that he kept yelling at me about how I was driving recklessly through my neighborhood in, what I believe to be, an attempt to make me falsely agree to such a claim. I know I wasn't, the officer knows I wasn't and it shows on the ticket where the "Location of violation" only says "South/Bloomfield - Bloomfield-Caravel." South and Bloomfield are two major street both with a speed limit of 40 MPH. Caravel is a very short one lane(in each direction) entrance to my neighborhood where you have to immediately make a right or left from Caravel onto another street. Right so here's what is written on the ticket and my ideas/questions about it:
Speed Approx: 45, P.F./Max. Spd. (is this speed limit?): 25, Safe: 25 (there was no radar, lasar, or Veh. Lmt.)
---To begin with I don't understand what the heck the idea about the speed limit and safe speed being written as 25 is. It was a clear night out with no rain and no traffic so I don't understand why it shouldn't be 40. The only thing that comes to mind is that he wrote the speed limit for the street Caravel which I was literally on for about 3 seconds before turning onto the next residential street.
22350 - Unsafe speed (this is just the general speed law right?)
22100(A) - Unsafe RT turn
22100(B) - Unsafe LT turn
27151 - Modified Exhaust (it's all stock so I just have to waste time going to a ref. btw what is the process on that?)
27465(B)(1) - bald tires.
I looked up 22100(A), 22100(B), 27465(B)(1) and have just gotten more confused. The two 27100 citation's seriously don't seem to fit. Here's what the CVC says as written on http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=36010928696+0+0+0&WAISaction=retrieve
22100. Except as provided in Section 22100.5 or 22101, the driver
of any vehicle intending to turn upon a highway shall do so as
follows:
(a) Right Turns. Both the approach for a right-hand turn and a
right-hand turn shall be made as close as practicable to the
right-hand curb or edge of the roadway except:
(1) Upon a highway having three marked lanes for traffic moving in
one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn right into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.
(2) If a right-hand turn is made from a one-way highway at an
intersection, a driver shall approach the turn as provided in this
subdivision and shall complete the turn in any lane lawfully
available to traffic moving in that direction upon the roadway being
entered.
(3) Upon a highway having an additional lane or lanes marked for a
right turn by appropriate signs or markings, the driver of a vehicle
may turn right from any lane designated and marked for that turning
movement.
(b) Left Turns. The approach for a left turn shall be made as
close as practicable to the left-hand edge of the extreme left-hand
lane or portion of the roadway lawfully available to traffic moving
in the direction of travel of the vehicle and, when turning at an
intersection, the left turn shall not be made before entering the
intersection. After entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available
to traffic moving in that direction upon the roadway being entered,
except that upon a highway having three marked lanes for traffic
moving in one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn left into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.
For one thing the left turn only has one lane to turn into...but maybe I am just missing something.
Then for the bald tires - which I don't think I have according to the law pasted below - how do I either go about showing that my tires meet requirements or that I fixed the problem(he marked it as an uncorrectable violation). Once again this excerpt is taken from http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=36010928696+0+0+0&WAISaction=retrieve
27465. (a) No dealer or person holding a retail seller's permit
shall sell, offer for sale, expose for sale, or install on a vehicle
axle for use on a highway, a pneumatic tire when the tire has less
than the tread depth specified in subdivision (b). This subdivision
does not apply to any person who installs on a vehicle, as part of an
emergency service rendered to a disabled vehicle upon a highway, a
spare tire with which the disabled vehicle was equipped.
(b) No person shall use on a highway a pneumatic tire on a vehicle
axle when the tire has less than the following tread depth, except
when temporarily installed on a disabled vehicle as specified in
subdivision (a):
(1) One thirty-second (1/32) of an inch tread depth in any two
adjacent grooves at any location of the tire, except as provided in
paragraphs (2) and (3).
(2) Four thirty-second (4/32) of an inch tread depth at all points
in all major grooves on a tire on the steering axle of any motor
vehicle specified in Section 34500, and two thirty-second (2/32) of
an inch tread depth at all points in all major grooves on all other
tires on the axles of these vehicles.
(3) Six thirty-second (6/32) of an inch tread depth at all points
in all major grooves on snow tires used in lieu of tire traction
devices in posted tire traction device control areas.
(c) The measurement of tread depth shall not be made where tie
bars, humps, or fillets are located.
(d) The requirements of this section shall not apply to implements
of husbandry.
(e) The department, if it determines that such action is
appropriate and in keeping with reasonable safety requirements, may
adopt regulations establishing more stringent tread depth
requirements than those specified in this section for those vehicles
defined in Sections 322 and 545, and may adopt regulations
establishing tread depth requirements different from those specified
in this section for those vehicles listed in Section 34500.
Ok I also have one general question. 27465 and 22100 mention that the road be a highway. In the CVC is a highway defined as any road or what? Does this matter at all because I really feel the officer just tried to write me up for whatever he could even if most or all of it doesn’t make sense. Alright, thanks for your help guys and let me know if there is any other information you guys want or need. I'm assuming I should write a TBD first and then proceed from there but I'd like to really figure out what you guys think before I get started in any direction.
Speed Approx: 45, P.F./Max. Spd. (is this speed limit?): 25, Safe: 25 (there was no radar, lasar, or Veh. Lmt.)
---To begin with I don't understand what the heck the idea about the speed limit and safe speed being written as 25 is. It was a clear night out with no rain and no traffic so I don't understand why it shouldn't be 40. The only thing that comes to mind is that he wrote the speed limit for the street Caravel which I was literally on for about 3 seconds before turning onto the next residential street.
22350 - Unsafe speed (this is just the general speed law right?)
22100(A) - Unsafe RT turn
22100(B) - Unsafe LT turn
27151 - Modified Exhaust (it's all stock so I just have to waste time going to a ref. btw what is the process on that?)
27465(B)(1) - bald tires.
I looked up 22100(A), 22100(B), 27465(B)(1) and have just gotten more confused. The two 27100 citation's seriously don't seem to fit. Here's what the CVC says as written on http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=36010928696+0+0+0&WAISaction=retrieve
22100. Except as provided in Section 22100.5 or 22101, the driver
of any vehicle intending to turn upon a highway shall do so as
follows:
(a) Right Turns. Both the approach for a right-hand turn and a
right-hand turn shall be made as close as practicable to the
right-hand curb or edge of the roadway except:
(1) Upon a highway having three marked lanes for traffic moving in
one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn right into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.
(2) If a right-hand turn is made from a one-way highway at an
intersection, a driver shall approach the turn as provided in this
subdivision and shall complete the turn in any lane lawfully
available to traffic moving in that direction upon the roadway being
entered.
(3) Upon a highway having an additional lane or lanes marked for a
right turn by appropriate signs or markings, the driver of a vehicle
may turn right from any lane designated and marked for that turning
movement.
(b) Left Turns. The approach for a left turn shall be made as
close as practicable to the left-hand edge of the extreme left-hand
lane or portion of the roadway lawfully available to traffic moving
in the direction of travel of the vehicle and, when turning at an
intersection, the left turn shall not be made before entering the
intersection. After entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available
to traffic moving in that direction upon the roadway being entered,
except that upon a highway having three marked lanes for traffic
moving in one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn left into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.
For one thing the left turn only has one lane to turn into...but maybe I am just missing something.
Then for the bald tires - which I don't think I have according to the law pasted below - how do I either go about showing that my tires meet requirements or that I fixed the problem(he marked it as an uncorrectable violation). Once again this excerpt is taken from http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=36010928696+0+0+0&WAISaction=retrieve
27465. (a) No dealer or person holding a retail seller's permit
shall sell, offer for sale, expose for sale, or install on a vehicle
axle for use on a highway, a pneumatic tire when the tire has less
than the tread depth specified in subdivision (b). This subdivision
does not apply to any person who installs on a vehicle, as part of an
emergency service rendered to a disabled vehicle upon a highway, a
spare tire with which the disabled vehicle was equipped.
(b) No person shall use on a highway a pneumatic tire on a vehicle
axle when the tire has less than the following tread depth, except
when temporarily installed on a disabled vehicle as specified in
subdivision (a):
(1) One thirty-second (1/32) of an inch tread depth in any two
adjacent grooves at any location of the tire, except as provided in
paragraphs (2) and (3).
(2) Four thirty-second (4/32) of an inch tread depth at all points
in all major grooves on a tire on the steering axle of any motor
vehicle specified in Section 34500, and two thirty-second (2/32) of
an inch tread depth at all points in all major grooves on all other
tires on the axles of these vehicles.
(3) Six thirty-second (6/32) of an inch tread depth at all points
in all major grooves on snow tires used in lieu of tire traction
devices in posted tire traction device control areas.
(c) The measurement of tread depth shall not be made where tie
bars, humps, or fillets are located.
(d) The requirements of this section shall not apply to implements
of husbandry.
(e) The department, if it determines that such action is
appropriate and in keeping with reasonable safety requirements, may
adopt regulations establishing more stringent tread depth
requirements than those specified in this section for those vehicles
defined in Sections 322 and 545, and may adopt regulations
establishing tread depth requirements different from those specified
in this section for those vehicles listed in Section 34500.
Ok I also have one general question. 27465 and 22100 mention that the road be a highway. In the CVC is a highway defined as any road or what? Does this matter at all because I really feel the officer just tried to write me up for whatever he could even if most or all of it doesn’t make sense. Alright, thanks for your help guys and let me know if there is any other information you guys want or need. I'm assuming I should write a TBD first and then proceed from there but I'd like to really figure out what you guys think before I get started in any direction.