CVC 21640A 29 - Crossing Double-Double

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arungr08

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Hello,

Recently,I received a ticket under 21640(a) 29 . My ticket says "Double Yellow lines". Actually, I was turning left out of a gas station. I have the following questions.

CVC 21640(a) says:
(a) When double parallel solid lines are in place, no person driving a vehicle shall drive to the left thereof, except as permitted in this section.

(b) When the double parallel lines, one of which is broken, are in place, no person driving a vehicle shall drive to the left thereof, except as follows:

(1) That the driver on that side of the roadway in which the broken line is in place may cross over the double line or drive to the left thereof when overtaking or passing other vehicles.

(2) As provided in Section 21460.5.

(c) Either of the markings as specified in subdivision (a) or (b) does not prohibit a driver from crossing the marking when (1) turning to the left at any intersection or into or out of a driveway or private road, or (2) making a U-turn under the rules governing that turn, and either of the markings shall be disregarded when authorized signs have been erected designating offcenter traffic lanes as permitted under Section 21657.

Since I was coming out of a Gas Station which could be considered "Turning out of a Driveway", I believe I should not be guilty.

Here, is the other side. Originally while taking a left turn, I was crossing a Double-Double yellow lines which were very close to each other, less than 2 feet wide. Even if the cop wanted to cite for the violation, he should have done under CVC 21651 and not CVC 21640a 29. Will this help me to prove that I am not guilty? Can the cop change the citation afterwards?

I donot find anywhere, if crossing a double-double which is less than 2 feet wide is a violation or not(usually we find these near the intersection). Every whare it is clearly mentioned that, crossing is prohibited if the lines are more than 2 feet apart.

Thanks,
Arun.
 
If I am picturing it correctly, it would seem that the correct section to have cited would have been 21651.

The state can amend the citation prior to trial. If the officer does NOT catch the error, and the state (through the DA or the agency) does not amend the violation, you should probably bring in photos, diagrams, a copy of the relevant section, and make your case. There are no guarantees, but I'd say (based solely on how you described it) you have a decent chance of prevailing.

- Carl
 
Carl, Thanks for your inputs. Did you mean, I have to go to court and say, I have been wrongly cited to 21651 instead of 21640 and show pictures of the "Double-Double yellow line" of width less than 2 feet?

Is'nt it enough if I prove that I have took a left turn crossing a "Single double yellow"(that is what 21640a mean) from a private drive thru and it is quite legal?

I am thinking of contesting through "Trial by Declaration". Is it advisable to go to court instead and contest , so that I would know whether the citation has been amended?
 
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If you do a TBD, do the same thing - provide photos and diagrams and show why you are not guilty of the offense as cited.

- Carl
 
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