CVC 22106 - Unsafe Start

[x42bnx]

So, I've earned my first ticket since about ten years ago when I first started driving. This was along Hesperian Blvd in San Lorenzo, just passed In & Out.

I was pulled over for "Unsafe Start" - and I'm not even sure where I would of started, considering I hadn't hit a red light since the Wells Fargo bank that's about a mile down the road the other way - and I certainly didn't break any speed limit or rush to accelerate. I had asked the Sheriff where the unsafe start happened and he said, take me to court and you can see the dash cam. This is in a bright red Corvette with only modification being mufflers. The speed he clocked me at on the ticket was 25 in a 30. I've done some research on the particular CVC code and 22106 seems to refer to "backing" on a Highway unsafely and doesn't mention "Unsafe Start" which eludes me to that this is a catch-all vehicle code that can mean a multitude of things depending on interpretation.

My question here is, is this worth fighting on my end? Obviously without a video, he has no probable evidence that supports his claim that I was unsafely starting and it'll just turn into a "He said she said" environment. What kind of defense/offence would need to happen to prove this claim besides video evidence?

 

[thepretender]

Could be you didn't see somebody when you "started" at Wells Fargo, but what a dick not to explain to you why you were getting a ticket. He either needed a donut or was filling his non existent quota.

 

[Maddevill]

I got tagged for going 40 in a 35 zone. Beat the case by showing a photograph where the cop pulled us over. Right under a 45 sign. Bailiff told us that this cop writes BS tickets very often.
Fight it if you're pretty sure you did nothing wrong.

Mad

 

[TheRiddler]

I'd use that for a tire chirp or real quick burnout.

Traffic court judges/commissioners pretty much always side with the cop, absent evidence disproving their testimony. I see 10,000 cars a day and write 5 tickets, so any ticket written is usually done for a good reason. Unless you have dashcam proving you didn't take off quickly, I can't see it going in your favor.

You can do a motion for discovery for the officer's notes and see what he wrote about why he stopped you. I always clearly explain why I write people a ticket, so they understand, even if they disagree.

 

[bojangle]

So, I've earned my first ticket since about ten years ago when I first started driving. This was along Hesperian Blvd in San Lorenzo, just passed In & Out.

I was pulled over for "Unsafe Start" - and I'm not even sure where I would of started, considering I hadn't hit a red light since the Wells Fargo bank that's about a mile down the road the other way - and I certainly didn't break any speed limit or rush to accelerate. I had asked the Sheriff where the unsafe start happened and he said, take me to court and you can see the dash cam. This is in a bright red Corvette with only modification being mufflers. The speed he clocked me at on the ticket was 25 in a 30. I've done some research on the particular CVC code and 22106 seems to refer to "backing" on a Highway unsafely and doesn't mention "Unsafe Start" which eludes me to that this is a catch-all vehicle code that can mean a multitude of things depending on interpretation.

My question here is, is this worth fighting on my end? Obviously without a video, he has no probable evidence that supports his claim that I was unsafely starting and it'll just turn into a "He said she said" environment. What kind of defense/offence would need to happen to prove this claim besides video evidence?

22106 CVC
No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.

Not sure what kind of research you did, but I quoted the section above. It does include starts as well as backing.

The officer said he had video, so he probably has it. Without video, his testimony of what he observed is direct evidence in court. It is weighted the same as your testimony as to what happened, provided you chose to give testimony.

Could be you didn't see somebody when you "started" at Wells Fargo, but what a dick not to explain to you why you were getting a ticket. He either needed a donut or was filling his non existent quota.

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You're new here. The LEO section is a special forum on barf where people can come get questions answered and advice from working LEOs. For that reason, any LEO bashing is prohibited in the LEO forum. Comments like the above should be reserved for other forums on barf, like the sink. The Mod Staff appreciates your understanding and cooperation.

 

[mototireguy]

This is in a bright red Corvette with only modification being mufflers.

Loud red sportscar?

Hmmm...

 

[wilit]

https://www.ticketsnipers.com/ticket/cvc-22106-unsafe-starting-and-backing

CVC Section 22106 states:
“No person shall start a vehicle stopped, standing or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.”

This section sounds simple but in practice can be difficult to interpret at times. Essentially, you have to look before you back up on a highway to be sure you can do so without colliding or coming close to colliding with another vehicle or pedestrian.

Starting a car that is stopped with reasonable safety generally applies to motorists who spin their wheels when starting up. Other unsafe practices include performing “donuts” (driving a car in a tight circle while accelerating) in a parking lot, pulling out from a parking spot into oncoming traffic or suddenly accelerating but not necessarily speeding.

Any of these maneuvers are considered dangerous and an officer will likely cite you.

What is Considered Reasonable Safety?
In deciding whether to cite you under CVC 22106, the officer uses his or her judgment in deciding if your actions were unsafe. Peeling off from a stopped position or deciding to accelerate quickly even for a few seconds before slowing down will nearly always be deemed unsafe. There is no excuse for performing donuts anywhere.

If you enter oncoming traffic from a stopped or parked position and cars have to suddenly slow or swerve into an adjoining lane to avoid you, then you can expect a ticket as well. Mechanical problems can also be the cause of a car suddenly accelerating or you were spinning your wheels due to ice or some slippery substance.

A violation of CVC 22106 is an infraction and will result in a point on your license. The fine for this ticket starts at $237, though your costs will be much higher since your auto insurance carrier will increase your rates to where you end up paying hundreds of dollars or even more than $1,000 over what you are currently paying for your premiums annually.

 

[x42bnx]

This is exactly what I had suspected would happen, I'm not a young guy and I don't drive like an ass. But at the end of the day if the officer believes I was accelerating quicker than he would of liked me too, then I can't fight his personal opinion and reasoning to give me a ticket. Although I'll definitely be fighting it at this point, if I lose then I lose. If I win, then I win. Thank you BARF LEO's.