View Full Version : Got a f**kin ticket today.
enkeivette
03-11-2009, 03:39 AM
I was passing a school bus, on the other side of the road, which is divided by a solid double yellow line, doing the speed limit. And I get pulled over. The bus had its flashers on which is effectively a stop sign. The law states that it applies to cars going in both directions, unless on a divided highway.
Highway is defined as... a street. But there's no definition for divided highway. If I could find code that claims that a double yellow is in effect a "division" of the highway, or something that refers to such a highway as a divided highway, then I could fight this ticket.
To make it worse, I was coming around a corner, and didn't have the time to stop in a nice and easy manner even if the thought had crossed my mind. Which it wouldn't and didn't. Also, to my right... was a road barrier, no sidewalk, no possibility of little munchkins darting out, a road barrier, then a hill.
When did cops become harassers of good honest citizens as opposed to servants of the citizens, to protect and serve us? How the hell is driving next to a road barrier at 30 mph 50 feet away from a parked bus on the other side of the road and the other side of a solid double yellow a threat to anyone's safety? I wish I could have 10 mins alone with that f*ck cop, man to man, no badge. I would enjoy bashing his face in. What a pathetic waste of a person who obviously has nothing better to do, no real police work to do. I think I know where we should be making some budget cuts.
enkeivette
03-11-2009, 03:42 AM
As soon as he handed me the ticket I drove away, while he was talking. I have plenty of respect for real cops. But not tubby meter maids that wear police uniforms.
enkeivette
03-11-2009, 03:45 AM
For those of you who live near Eldorado, this would have been like driving North on Valencia towards Bastanchury if it were divided with a double yellow, while a school bus is parked on the other side of the road in front of the school. Then getting a stop sign violation. Is it just me or is that ridiculous?
Vettezuki
03-11-2009, 03:58 AM
I was passing a school bus, on the other side of the road, which is divided by a solid double yellow line, doing the speed limit. And I get pulled over. The bus had its flashers on which is effectively a stop sign. The law states that it applies to cars going in both directions, unless on a divided highway.
So you think you were on a divided highway, which the law doesn't clearly define. I so want to show up with you to court.
To make it worse, I was coming around a corner, and didn't have the time to stop in a nice and easy manner even if the thought had crossed my mind. Which it wouldn't and didn't. Also, to my right... was a road barrier, no sidewalk, no possibility of little munchkins darting out, a road barrier, then a hill.
Doesn't matter. You're thinking. The book tells them they don't have to think. It's about the children.
When did cops become harassers of good honest citizens as opposed to servants of the citizens, to protect and serve us?
We're all just people at the end of the day. Some good, some not so good.
Vettezuki
03-11-2009, 04:01 AM
Oh, in case you missed it. No government office has any money. Law Enforcement has a a revenue stream that can be throttled . . . you go ahead and put two and two together.
enkeivette
03-11-2009, 04:44 AM
Oh, in case you missed it. No government office has any money. Law Enforcement has a a revenue stream that can be throttled . . . you go ahead and put two and two together.
So it's become a random road tax as opposed to a public safety device.
Vettezuki
03-11-2009, 04:50 AM
So it's become a random road tax as opposed to a public safety device.
You seem surprised. . .
I was at traffic school not long ago. (Deservedly, sorta.) I did some esoteric calculations for the county making some fairly conservative assumptions based on the number of people I saw at traffic school. I came up with something like several hundred million dollars for Orange County per year. That goes to the county and cities. You don't think they take that as a random income do you?
Douglas Mariani
03-11-2009, 08:49 AM
Fight it. Take pictures of the area and go to court and fight it. It seems to me your got harrassed by a "Power Trip" cop.
I was passing a school bus, on the other side of the road, which is divided by a solid double yellow line, doing the speed limit. And I get pulled over. The bus had its flashers on which is effectively a stop sign. The law states that it applies to cars going in both directions, unless on a divided highway.
Highway is defined as... a street. But there's no definition for divided highway. If I could find code that claims that a double yellow is in effect a "division" of the highway, or something that refers to such a highway as a divided highway, then I could fight this ticket.
To make it worse, I was coming around a corner, and didn't have the time to stop in a nice and easy manner even if the thought had crossed my mind. Which it wouldn't and didn't. Also, to my right... was a road barrier, no sidewalk, no possibility of little munchkins darting out, a road barrier, then a hill.
When did cops become harassers of good honest citizens as opposed to servants of the citizens, to protect and serve us? How the hell is driving next to a road barrier at 30 mph 50 feet away from a parked bus on the other side of the road and the other side of a solid double yellow a threat to anyone's safety? I wish I could have 10 mins alone with that f*ck cop, man to man, no badge. I would enjoy bashing his face in. What a pathetic waste of a person who obviously has nothing better to do, no real police work to do. I think I know where we should be making some budget cuts.
Wow, someone else I know just got the same ticket. Don't know his outcome yet.
This was in NY, around Poughkeepsie.
This is a big ticket also. Good luck.
Here's my advice. I just got off on a ticket 92 in a 55. Now, I haven't had a ticket since 1992 so that weighed heavily in my favor.
Go to traffic court. There are "lawyers" and there are LAWYERS. You will recognize which is the "local boy" and who has the best relationship with the court. HIRE HIM.
I went from 6 month suspension, yes six month suspension for 1 ticket in 17 years, and $1000 in fines to paying the lawyer $600.
FIND THE RIGHT LAWYER and it could completely change the outcome.
kdracer73
03-11-2009, 09:16 AM
Here is the outake from Ca vehicle code.
"Divided Highways
21651. (a) 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."
So if the double-double yellow lines are more than two feet apart it is a divided hwy. Single double yellow or double-double less than 2 feet wide and you are screwed.
This law was put into effect to protect you. Do you know how much damage a small child could do to your car? That would suck !!:crutches:
SeanPlunk
03-11-2009, 10:04 AM
This law was put into effect to protect you. Do you know how much damage a small child could do to your car? That would suck !!:crutches:
This is so full of win I don't know what to do :laugh:
enkeivette
03-11-2009, 12:39 PM
I found that definition of a divided highway also, but it's not actually a definition. It's lists types of divided highways that are relevant to some other violation. But the list is not necessarily all inclusive. If I found someother law, which said that double yellows are to be considered a virtual division, then I'm off the hook. But it seems doubtful so far.
Here is the full law that you abbreviated:
21651. (a) 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, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing
section.
...
Here is the actual violation:
(a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.
(b)(1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.
...
Here is what a real definition looks like. They are listed before the code, not within.
360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.
It sounds as if a "divided highway" is one that is separated by a barrier, but legal definitions are not always English. Ex. Conversion has to do with destroying someone's shit, and consideration has to do with money in K law.
enkeivette
03-11-2009, 12:43 PM
Also, per the code the fine will be 150-250 for 1st timers. 250-500 for 2nd, and 500-1K for 3rd with possible revocation of your government invasion of privacy card (DL).
BRUTAL64
03-11-2009, 01:07 PM
Adam:
Fight the ticket. The fine will not go up if you do. But could be lowered or dismissed if you fight. :drink:
enkeivette
03-11-2009, 02:16 PM
If you fight, you pass up your right to traffic school. Trial court judges that deal with infractions all day in my experience are lazy and will always take the cops word over yours. If I can't find a CA case or law specifying that a double yellow constitutes a division, I'm going to traffic school. I plan to buy a bike, checked one out yesterday, can't deal with another point on my license. Insurance is killer already.
BRUTAL64
03-11-2009, 03:18 PM
If you fight, you pass up your right to traffic school. Trial court judges that deal with infractions all day in my experience are lazy and will always take the cops word over yours. If I can't find a CA case or law specifying that a double yellow constitutes a division, I'm going to traffic school. I plan to buy a bike, checked one out yesterday, can't deal with another point on my license. Insurance is killer already.
Didn't know about the traffic school thing and court. The last time I when to traffic school was 1979. :p
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