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RE: http://www.8thcivic.com/forums/california-north/194067-ca-new-traffic-law-move-over-law.html

Law as stated:
Freeway: Stationary Vehicles Displaying Emergency or Warning Lights

21809. (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, ( )1 a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle ( )1 , tow truck, or Department of Transportation vehicle, absent ( )2 other direction by a peace officer, proceed to do one of the following:

(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or ( )3 Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.

(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

(b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).

(c) ( )4 The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.
Added Sec. 2, Ch. 375, Stats. 2006. Effective January 1, 2007.
Amended Sec. 1, Ch. 175, Stats. 2009. Effective January 1, 2010.
The 2009 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. “or”
2. “any”
3. “tow truck”
4. “This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date.”


I proceeded with a "Not Guilty" plea and fought it with a "Trial by Declaration." (trial by mail)

I used logical/rational arguments as to why I could not safely change lanes. I also Photoshopped visuals to help the clerk/judge decide my judgment based on my account of how things happened.

My bail was freaking $260, but the law clearly states that the bail should be no more than $50. Anyway, it will all be refunded.
...............

Long story short: CHP were sitting on the side of the I5 just 500 yards from an exit ramp that I was going to take. By the time I saw them, I couldn't safely "move over" so I slowed down as much as I could. The **** still pulled me over. And he does this...:police:. So I do this to him :readtherules: in court, and I win. booya.

And just so I can beat one of you to it... "Cool story bro."

My point is, if you think you are innocent, don't give up. Do a trial by declaration if you don't have a mandatory court appearance. Its cheaper for you since you don't have to take any time off of work.
 

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congrats on the win. BUT...

I also Photoshopped visuals to help the clerk/judge decide my judgment based on my account of how things happened.
... is now documented on the internet which can put you in more trouble.
 

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Perry Important Vember
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^ really?

my homie got a ticket a few years ago when driving around uci (he lives in downey) so he fought and won by trial by declaration, aka writing in letters with proof.
 
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