How should I contest violation code 21461a (Disobedience to traffic control device) in the state of CA?

Question

The CHP officer really should have wrote me up a ticket for changing lane within the double solid line in which he thought he observed, but I made the lane change before the double solid line. However, he gave me a ticket for code 21461a, which has nothing to do with disobeying the exit only sign. I dont understand why I got ticket. I was trying to switch lanes to get out of the "Exit Only" lane to get back on the freeway, and did it before crossing the double solid white line while in traffic, so how is it possible to get a ticket like this? What testimony should i provide to the judge to make him consider I was innocent and that the CHP officer probably did not observed me correctly when he wrote me up. I hope someone with law experience can help me on this. Ten points for the best answer.

Answer 1

well, the officer will testify first.

then you get a chance to cross examine him.

there is probably no other testimony from the state.

so what your goal is, is to introduce reasonable doubt in the eyes of the judge, then you will be found not guilty, as the state must prove their case beyond a reasonbable doubt.

you expect him to testify that you crossed the double lines it seems. seems fair to me.

he will testify to that in certain but imprecise terms.

ask him questions to have him be more and more precise.

ask him to make an x on a map (blow something up from google maps) where you crossed the line.

if you are lucky, his x will be in a place where your copy of the same map but with the satellite view zoomed in, that he didn't see before, will prove was before the double line.

if that happens, point it out, then ask the judge for a dismissal. if accept it, quickly leave before anyone changes there mind :)

if his x is in range of the double line, ask him how he can be so precise. ask him where he was on the map, his rate of speed, your rate of speed, again how he knows so precisely,  how he can be sure he is right given parallax issues (look it up, I am not telling you everything for free :) and so on. Eventually, he will either make a mistake or be vague.

The idea is that his eyewitness testimony is all there is, and somewhere there must be some room for inaccuracy, he is not a camera or machine. You have to find that, exploit it as reasonable doubt.

If you can do that, you will probably be dismissed before you put on a defense.

Hint: there may have been another traffic control device, such as a sign that he may testify about. You will have to find that out early, and think on your feet and adjust the above strategy as needed if that happens.

You don't have to put on a defense - if you do, the state da can cross examine you the same way and that is risky - they are trained in this, you only learned from me!

But the judge will know your case is that you didn't cross the line by the nature of your cross examination and your not guilty plea.

I would recommend not testifying yourself.

Then it is in the hands of the judge.