snootycat
Wed 1/24/07, 6:06PM
So today, I went in to defend myself against a ticket for violating §21801 (a), “darting out” to take a left hand turn at a green light. After oral arguments and questioning, the case was dismissed. So I’m posting my experience in case any of you get ticketed for the same thing.
CA Vehicle Code §21801 refers to how to make a legal left hand turn. It states:
“The driver of a vehicle intending to turn to the left...shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way...until the left turn...can be made w/reasonable safety.” (Emphasis mine.)
The key word here, folks, is “approaching.” The ticketing officer told me I violated this statute even though none of the vehicles facing me had moved. (I was facing North, turning West...oncoming traffic was facing South.) So the Southbound traffic had not moved at all when I finished the turn. The officer was nice enough (I’m not being sarcastic, I really appreciated the Officer’s professionalism in this matter...) to fax me a case he was relying on People v. Marsh, 8 Cal.App.4th Supp.1 (1992). This case basically said I was guilty because the court read into the statute a new twist...the “dart out” rule. Meaning, you cannot “dart out” into traffic on a green even if you can make the turn safely. Here’s a quote from that case:
“No one can seriously argue allocation of right-of-way should be reduced to a contest of reaction times. Putting people into 4,000 pound, combustion-powered, gasoline-laden machines; stressing them out in a daily commute; and then telling them right-of-way is simply a matter of whether they are quick enough to ‘get off the line’ before the other drivers seems like such a patently bad idea that it would insulting to ascribe it to the Legislature. And we will not.”
Yawn. Here’s the kicker...This interpretation of §21801 is only valid in [b]Orange County courts, as it was made by an Orange County Appellate Court. Here in Los Angeles courts, the existing and mandatory precedent is that a left turn is not illegal unless: 1) opposing cars are already in the intersection or 2) opposing cars are so close to the left-turner that is constitutes an “immediate hazard.” This is an old, and beloved case called People v. Bull, 144 Cal.App.2d Supp. 860 (1956). This decision was made by a Los Angeles County Appellate Department, Superior Court. The reason the key word is “approaching” is because it implies an action. “Approaching” is an action verb. “It would be a contradiction in terms to say that a standing car was approaching. But the word is used in the statute and may not be discarded.” Bull at 862.
Don’t get me wrong. You can STILL be validly ticketed for turning left directly after your light turns green if you are 1) speeding, 2) creating a hazard, or 3) the oncoming traffic has to stop or slow in order to allow you to clear the intersection.
But this is how you get out of it. You are allowed to ask the officer questions. Ask him/her the following questions:
1. Was I speeding?
2. Was I violating the basic speed law?
3. Were any of the opposing cars in the intersection when I made the turn?
4. Were any of the opposing cars in the intersection before I completed my turn?
5. The light was green when I took the left, correct?
If the officer answers:
1. No
2. No
3. No
4. No
6. Yes
You’re home free!
Here’s my advice though. Don’t take a left immediately when your light turns green. Being technically right wasn’t worth 6 months of my time and going down to the Pasadena court three times and dealing with the moronic clerks there. Plus I had to hold my tongue while the “judge” lectured me about how exposed I am as a motorcyclist and how dangerous it “could have been” etc etc etc. I don’t like holding my tongue. But oh how I love the sweet, sweet smell of dismissal of yet another citation. If dismissals smelled, they would smell like bacon covered roses. MMMMMMmmmmmmmmmmmmm.
CA Vehicle Code §21801 refers to how to make a legal left hand turn. It states:
“The driver of a vehicle intending to turn to the left...shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way...until the left turn...can be made w/reasonable safety.” (Emphasis mine.)
The key word here, folks, is “approaching.” The ticketing officer told me I violated this statute even though none of the vehicles facing me had moved. (I was facing North, turning West...oncoming traffic was facing South.) So the Southbound traffic had not moved at all when I finished the turn. The officer was nice enough (I’m not being sarcastic, I really appreciated the Officer’s professionalism in this matter...) to fax me a case he was relying on People v. Marsh, 8 Cal.App.4th Supp.1 (1992). This case basically said I was guilty because the court read into the statute a new twist...the “dart out” rule. Meaning, you cannot “dart out” into traffic on a green even if you can make the turn safely. Here’s a quote from that case:
“No one can seriously argue allocation of right-of-way should be reduced to a contest of reaction times. Putting people into 4,000 pound, combustion-powered, gasoline-laden machines; stressing them out in a daily commute; and then telling them right-of-way is simply a matter of whether they are quick enough to ‘get off the line’ before the other drivers seems like such a patently bad idea that it would insulting to ascribe it to the Legislature. And we will not.”
Yawn. Here’s the kicker...This interpretation of §21801 is only valid in [b]Orange County courts, as it was made by an Orange County Appellate Court. Here in Los Angeles courts, the existing and mandatory precedent is that a left turn is not illegal unless: 1) opposing cars are already in the intersection or 2) opposing cars are so close to the left-turner that is constitutes an “immediate hazard.” This is an old, and beloved case called People v. Bull, 144 Cal.App.2d Supp. 860 (1956). This decision was made by a Los Angeles County Appellate Department, Superior Court. The reason the key word is “approaching” is because it implies an action. “Approaching” is an action verb. “It would be a contradiction in terms to say that a standing car was approaching. But the word is used in the statute and may not be discarded.” Bull at 862.
Don’t get me wrong. You can STILL be validly ticketed for turning left directly after your light turns green if you are 1) speeding, 2) creating a hazard, or 3) the oncoming traffic has to stop or slow in order to allow you to clear the intersection.
But this is how you get out of it. You are allowed to ask the officer questions. Ask him/her the following questions:
1. Was I speeding?
2. Was I violating the basic speed law?
3. Were any of the opposing cars in the intersection when I made the turn?
4. Were any of the opposing cars in the intersection before I completed my turn?
5. The light was green when I took the left, correct?
If the officer answers:
1. No
2. No
3. No
4. No
6. Yes
You’re home free!
Here’s my advice though. Don’t take a left immediately when your light turns green. Being technically right wasn’t worth 6 months of my time and going down to the Pasadena court three times and dealing with the moronic clerks there. Plus I had to hold my tongue while the “judge” lectured me about how exposed I am as a motorcyclist and how dangerous it “could have been” etc etc etc. I don’t like holding my tongue. But oh how I love the sweet, sweet smell of dismissal of yet another citation. If dismissals smelled, they would smell like bacon covered roses. MMMMMMmmmmmmmmmmmmm.