My question involves a traffic ticket from the state of: California
I was driving in downtown San Francisco recently and received a ticket for VC 22102 :No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651. This turning movement shall be made as close as practicable to the extreme left-hand edge of the lanes moving in the driver s direction of travel immediately prior to the initiation of the turning movement, when more than one lane in the direction of travel is present.
I have a trial by written declaration due soon and was wondering the best way to approach making my argument. What happened was, I was driving and executed u-turn where I noticed a clear gap in the double yellow lines. Immediately afterwards I was pulled over and cited for an illegal u-turn. I am thinking of writing the following.
VC 22102 states "No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651". As there was a clear provided opening on the divided highway where I turned, I assert that no violation of VC 22102 had occurred. Furthermore, Section Code 21651 states that is is illegal to make a u-turn "Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway". As there was no curbs, double-parallel lines, or any other markings or signs prohibiting a u-turn at the point in the road where I executed my turn, I firmly believe that no violation of VC 22102 took place. I respectfully ask for citation to be dismissed. I have attached photos of the gap in the double yellow lines where I made my turn.
Do you think this a good defense? Any advice is greatly appreciated here. Photos are attached below. Thank you in advance.
https://ibb.co/hzRO5K
https://ibb.co/bBSkKe
I was driving in downtown San Francisco recently and received a ticket for VC 22102 :No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651. This turning movement shall be made as close as practicable to the extreme left-hand edge of the lanes moving in the driver s direction of travel immediately prior to the initiation of the turning movement, when more than one lane in the direction of travel is present.
I have a trial by written declaration due soon and was wondering the best way to approach making my argument. What happened was, I was driving and executed u-turn where I noticed a clear gap in the double yellow lines. Immediately afterwards I was pulled over and cited for an illegal u-turn. I am thinking of writing the following.
VC 22102 states "No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651". As there was a clear provided opening on the divided highway where I turned, I assert that no violation of VC 22102 had occurred. Furthermore, Section Code 21651 states that is is illegal to make a u-turn "Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway". As there was no curbs, double-parallel lines, or any other markings or signs prohibiting a u-turn at the point in the road where I executed my turn, I firmly believe that no violation of VC 22102 took place. I respectfully ask for citation to be dismissed. I have attached photos of the gap in the double yellow lines where I made my turn.
Do you think this a good defense? Any advice is greatly appreciated here. Photos are attached below. Thank you in advance.
https://ibb.co/hzRO5K
https://ibb.co/bBSkKe
VC 22102 Illegal U-Turn in Business District Trial by Declaration
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