Legal Question in Traffic Law in California

Charge :Distracted Driver Ca VC 22350.

Incident as I recall:

Heavy traffic (Stop and go). While I was stopped on the freeway, not moving, I glanced at the clock on my cell phone. Motorcycle officer, riding about 10 mph splitting lanes, saw this ever so briefly and decided to pull me over. He asked for license and registration and asked what I was doing. I replied, checked the time. He wrote me a ticket for California VC 22350.

"22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

I, for the life of me, cannot figure out how this was violated?!

I was not moving at all and therefore no person or property were in any danger. Checking the time is not a crime as far as I knew.

Is this ticket fightsble?

Asked on 9/16/16, 12:18 pm

1 Answer from Attorneys

James Smith Palladium Law Group

Definitely. He's basically saying that you were being "distracted" by the cell phone, which created a danger to "the safety of persons or property". You can go to arraignment and plead "not guilty" and request a Trial by Written Declaration, which will make him fill out paperwork. If you're convicted, you can request a Trial De Novo, which occurs in court. Keep in mind that you run the risk of losing your eligibility (if you have it) for Traffic Violator School in doing this.

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Answered on 9/16/16, 12:54 pm

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