People v. Kirk

BURKE, P. J.

On January 26, 1961, Karen Lynne Kirk, 17 years old, was cited for failure to yield the right of way in making a left turn in violation of section 21801, subdivision (a), of the Vehicle Code. This citation required her appearance in the traffic division of the juvenile court where she denied having violated the law.

On May 15, 1961, a petition was filed in the Los Angeles Superior Court in which the facts of the motor vehicle violation were pleaded. The petition requested that Karen be declared a ward of the juvenile court and that she be dealt with in accordance with the provisions of the Juvenile Court Law. A hearing was held on June 7, 1961, after which the court found the allegations of the petition to be true and sustained the petition. The case was continued six months to the nonappearance calendar to determine whether or not at that time the petition should be dismissed.

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On January 26, 1961, Karen was driving eastbound on Holt Boulevard in Pomona, California, and had entered the left

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turn lane at the intersection of Garey Avenue. As she waited to make the turn two vehicles were approaching in two westbound lanes of Holt Boulevard. Karen started to move her vehicle forward when the light turned green for Holt Boulevard traffic. Of the two approaching vehicles the one closest to the curb was approximately two blocks away and the one in the lane closest to the center of the street was about one block away. Karen moved slowly into the intersection. She crossed over the double white line dividing east and westbound traffic and then stopped in the first lane of westbound traffic. The westbound driver in the first lane then came to a complete stop and motioned for her to proceed to make her left turn. Karen slowly moved ahead into the next lane. When she saw that the car in the lane closest to the curb was not stopping she brought her vehicle to a stop in that lane. The driver of that vehicle first saw Karen’s ear in the left turn lane before arriving at the intersection; he was traveling about 25 miles an hour; the signal was green for him at the time he entered the intersection; it had turned green about 200 feet before he arrived at the intersection. The second time he noticed Karen’s vehicle was when it had crossed into his lane, as it was hidden from his view by the vehicle to his left which had stopped. Being unable to stop, he struck Karen’s vehicle. It was raining at the time.