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General Information

Right-of-way rules, together with courtesy and common sense, help to promote traffic safety. It is important to respect the right-of-way of others, especially pedestrians, motorcycle riders, and bicycle riders. Never assume other drivers will give you the right-of-way. Yield your right-of-way when it helps to prevent collisions.

Respecting the right-of-way of others is not limited to situations such as yielding to pedestrians in crosswalks, or watching carefully to ensure the right-of-way of bicyclists and motorcyclists. Motorists must respect the right-of-way of others by not violating traffic laws, such as failing to stop at a stop sign or traffic light, speeding, making unsafe lane changes, or illegal turns. Statistics show that right-of-way violations cause a high percentage of injury collisions in California.

Pedestrians

Pedestrian safety is a serious issue. A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.

In California, pedestrian deaths occur in approximately 19 percent of all traffic fatalities. Drive cautiously when pedestrians are near because they may suddenly cross your path.

Pedestrians may be at risk walking near hybrid and electric vehicles because these vehicles are virtually silent while operating. Use extra caution when driving near pedestrians.

• Respect the right-of-way of pedestrians. Always stop for any pedestrian crossing at corners or other crosswalks, even if the crosswalk is in the middle of the block, at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines.
• Do not pass a vehicle that has stopped at a crosswalk. A pedestrian you cannot see may be crossing the street. Stop, then proceed when all pedestrians have crossed the street.
• Do not drive on a sidewalk, except to cross it to enter or exit a driveway or alley. When crossing, yield to all pedestrians.
• Do not stop in a crosswalk. You will place pedestrians in danger.
• Remember, if a pedestrian makes eye contact with you, he or she is ready to cross the street. Yield to the pedestrian.
• Allow older pedestrians, disabled pedestrians and pedestrians with young children sufficient time to cross the street.

Important: Blind pedestrians rely on the sound of your vehicle to become aware of your vehicle’s presence; so, it is important that you stop your vehicle within 5 feet of the crosswalk. Driv-ers of hybrid or electric vehicles must remain especially aware that the lack of engine noise may cause a blind pedestrian to assume there is not a vehicle nearby. Follow this cue:

• When a blind person pulls in his or her cane and steps away from the intersection, this gesture usually means for you to go (additional information regarding blind pedestrians can be found on (additional information regarding blind pedestrians can be found here).

Crosswalks

A crosswalk is the part of the roadway set aside for pedestrian traffic. Most intersections have a pedestrian crosswalk whether or not lines are painted on the street. Most crosswalks are located at corners, but they can also be located in the middle of the block. Before turning a corner, watch for people about to cross the street.Pedestrians have the right-of-way in marked or unmarked crosswalks.

Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.

Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether or not the lights are flashing.

Intersections

An intersection is any place where one line of roadway meets another roadway. Intersections include cross streets, side streets, alleys, freeway entrances, and any other location where vehicles traveling on different highways or roads join each other.

Driving through an intersection is one of the most complex traffic situations motorists encounter. Intersection collisions account for more than 45 percent of all reported crashes and 21 percent of fatalities according to the Federal Highway Administration.

• At intersections without “STOP” or “YIELD” signs, slow down and be ready to stop. Yield to traffic and pedestrians already in the intersection or just entering the intersection. Also, yield to the vehicle or bicycle that arrives first, or to the vehicle or bicycle on your right if it reaches the intersection at the same time as you.
• At “T” intersections without “STOP” or “YIELD” signs, yield to traffic and pedestrians on the through road. They have the right-of-way.
• When you turn left, give the rightof- way to all vehicles approaching that are close enough to be dangerous. Also, look for motorcyclists, bicyclists, and pedestrians.
  
  
  Safety suggestion: While waiting to turn left, keep your wheels pointed straight ahead until it is safe to start your turn. If your wheels are pointed to the left, and a vehicle hits you from behind, you could be pushed into oncoming traffic.

• When you turn right, be sure to check for pedestrians crossing the street and bicyclists coming up behind you on the right.
• On divided highways or highways with several lanes, watch for ve-hicles coming in any lane you cross. Turn either left or right only when it is safe.
• When there are “STOP” signs at all corners, stop first then follow the rules listed above.
• If you have parked off the road or are leaving a parking lot, etc., yield to traffic before reentering the road.

Roundabouts

A roundabout is an intersection where traffic travels around a central island in a counter-clockwise direction. Vehicles entering or exiting the roundabout must yield to all traffic including pedestrians.

When you approach a roundabout:

• Slow down as you approach the roundabout.
• Yield to pedestrians and bicyclists crossing the roadway.
• Watch for signs and/or pavement markings that guide you or prohibit certain movements.
• Enter the roundabout when there is a big enough gap in traffic.
• Drive in a counter-clockwise direction. Do not stop or pass other vehicles.
• Use your turn signals when you change lanes or exit the roundabout.
• If you miss your exit, continue around until you return to your exit.

DUI Answers, Arguments, and Tips

The enormous complexity of California drunk driving law has created meaningful opportunities for the educated and painful traps for the unwary. Wise guidance is essential.

The best source of DUI wisdom has been written by Paul Burglin , Barry Simons , and Ed Kuwatch. Their 1,148-pageCalifornia Drunk Driving Law is chock-full of:

• Creative defenses. Hundreds of decision-based arguments, generated by Mr. Burglin, Mr. Simons, and Mr. Kuwatch in their decades of creative DUI practice and collected from successful DUI practitioners statewide, bring real leverage to your plea bargaining, trials, and DMV proceedings.

• Heavily supported motions. Crafted, tested, and polished by top DUI lawyers, these practice-proven documents will materially raise the level of your advocacy. All of the book’s 63 forms are provided both in print and on the free full-text CD, and are easily accessed and modified with either Word or WordPerfect.

• Answers and solutions. 95% of the questions that arise in day-to-day DUI practice are addressed inCalifornia Drunk Driving Law. References to other sources are provided for the other 5%.

• Authoritative interpretation of the law. 1,700 cases and every relevant statute and regulation are analyzed and cited.

Learn what to say to your client when:

• He asks, “What is the punishment for drunk driving?”

• Your client calls because his driver’s license was taken at the time of arrest.

• The client refused a chemical test.

• The city or county sent your client a bill for “arrest services.”

• Your client is worried about losing his job.

• The conviction occurred long ago, but now the DMV won’t issue a driver’s license.

• The car was impounded.

• Your client is worried about the future cost of insurance if he is convicted.

• You want to assure your client of your knowledge and expertise.

Valuable Tips

Pretrial

• How to deal with threats to punish the defendant for insisting on a trial. §356.4

• How to remind the prosecution of the police’s potential civil liability for failure to turn over material evidence. §552.2

• Why you may not want to enter a general time waiver when setting trial for a defendant not in custody, but merely consent to a date certain. §311.2

• How to avoid half-day trials. §311.8

• How to counter a discovery denial based on copyright infringement. §5:72

• How to overcome Lively’s “could have been arrested for public intoxication” theory when the arrest is for attempted drunk driving. §7:17

• How to persuade a hospital not to disclose blood test results obtained during treatment, with model letter. §9:25

Trial

• Four techniques for defending against the breath-based per se charge. §9:47.5

• Suppressing Preliminary Alcohol Screening (P.A.S.) test results at trial. §9:48.3

• Impeaching a cop’s expert opinion on impairment by showing that the Federal NHTSA-recommended methods were not used. §9:50.4

• Proving a cop’s method of administering the Horizontal Gaze Nystagmus test is not generally accepted. §9:50.5

• How to block prosecution experts from testifying in low BAC cases that the defendant was mentally impaired even though he or she showed no signs of physical impairment. §1:11.10

• When to admit a prior conviction sentence enhancement allegation. §9:72.3

Punishment

• How to circumvent the court’s lack of authority to grant a second offender work/DUI Program restricted license. §10:25.3

• Obtaining an ignition interlock restricted license prior to the end of the full suspension or revocation period. §10:54.9

• How to convince collection agencies to drop claims for emergency response costs. §10:121

• Many attorneys mistakenly think the DMV is requiring completion of a DUI Program prior to reinstatement of full driving privileges after a wet reckless conviction. §3:59.1

Radar and Speed Defenses

• How and when to assert jurisdictional speed trap defects. §2:13.1

• What to discover when airplanes or helicopters are used for speed enforcement. §2:14

• How to challenge radar-based speed trap violations of prima facie speed limits. §2:15.4

DMV Proceedings

• How to block DMV hearing continuances without good cause, with 8-page motion. §11:39.3

• What to do when the DMV takes additional evidence in violation of Vehicle Code provisions. §11:49.1

• Why you should always discover form DS 393, and how to use it to block admission of police-drafted documents, with pattern discovery request. §11:63.4

For answers to all your client’s and your questions, turn to California Drunk Driving Law. This two-volume book and CD provide the most complete coverage of state DUI practice available.

Updated twice-annually. ISBN 0-9703501-3-9 Book price: 9.00

Reader Comments

“I have used California Drunk Driving Law not only for DUI cases but in homicide cases, search and seizure cases, and non-alcohol related traffic offenses. CDDL is a necessary book to anyone practicing criminal law – even if you don’t get a lot of criminal cases.“
William M. Thornbury
Office of the Public Defender
Los Angeles

“In more than 30 years of DUI practice, I have found no more comprehensive, current or entertaining book on California DUI law. Simply the most comprehensive, up to date treatment of California DUI law ever written.”
J. Thomas Sherrod
Fremont

Visit to – http://duilawdrivinglawyer.blogspot.com/

Source – jamespublishing.com/books/cddl.htm

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