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CVC 22100(b) - left turn (improper position): argument to contest?

Asked over 2 years ago - San Francisco, CA

I entered the right-most lane of a 5-lane one-way highway from a parking lot. I wanted to turn left ~8 car-lengths later at the next intersection joining another one-way road and freeway on-ramp.

I negotiated each lane change independently. The intersection lights turned red and I was in the 2nd-most left-lane, at the front, left-indicators on.

Beneath my car was visible left-hand turn and straight arrows. I recall another car on my left making a left-hand turn.

A police officer must have been behind them, as once I turned, I was pulled over "for cutting him off". The left-hand turn arrow in my lane was a "gentle-left" onto the freeway on-ramp.

How to fight? Mistake of fact on left-turn arrow? CVC22100 "as close as /practicable/ to the left edge" given I'd just entered the 5-lane road?

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Attorney answers (1)

Daniel Aaron Horowitz

Reputation Level 10

Answered over 2 years ago. Criminal Defense Attorney in Lafayette, CA.

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Your question already shows that you have the proper analysis ["as close as /practicable"]. When I have seen this argued (usually in the context of a DUI stop) the argument tends to focus on safety and awareness. If there was no one there and if you made the turn safely and reasonably then isn't that as close as NOT possible but practicable. The counter argument is usually the officer saying something to the effect, if the driver really was aware of what was going on, he would have seen me! Or, my attention was drawn when another car stopped short, surprised by the "sudden movement" of the offending driver. It all depends upon the traffic judge and the police officer. Find a way to win your argument without forcing the judge to denigrate the officer. ... Good luck.

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