Violations 21650 VC

[Afsoun]

Jurisdiction

California

Hi, I got into the left turn lane early through the center lane as there was heavy traffic in front of me. I was driving at 10 miles per hour. There were no cars heading in the opposite direction, nobody in my blind spot, no pedestrians crossing the intersection, and I was able to safely make my left turn. I got pulled over while I was making my left. I was told that my violation was driving on the wrong side of the road and crossing double yellows. Driving into the left turn lane early seems very common on the road, especially when there is heavy traffic in the same direction and I used caution while making the turn. Do I have a good argument to fight this ticket?

 

[army judge]

got pulled over while I was making my left. I was told that my violation was driving on the wrong side of the road and crossing double yellows.

Okay, if you say so.

Driving into the left turn lane early seems very common on the road, especially when there is heavy traffic in the same direction and I used caution while making the turn.

Many people violate many traffic laws daily, that still doesn't mean their actions are legal, it only means they weren't nabbed.

Do I have a good argument to fight this ticket?

There are no good or bad arguments, insofar as defending yourself against a traffic citation.

Why?

Because the issue will be tried in a court operated and staffed by the same government (or an entity of that government) by whom the sworn law enforcement official is also employed.

If you can attend a traffic school, you might consider that option.

In some states one can seek a deferred adjudication or deferred disposition of the matter, which will also cause the citation to be dismissed.

For instance, in Texas there is no limit to the number of deferred adjudications one can seek annually.

Overall, the best solution to traffic citations is stay informed about all traffic laws and obey same religiously!

If you're in compliance with the law 100% of the time, you'll never have your safe motoring disturbed by a traffic stop, or the eventual traffic citation.

 

[Zigner]

Many people violate many traffic laws daily, that still doesn't mean their actions are legal, it only means they weren't nabbed.

Yep! That was going to be my response.

There are no good or bad arguments, insofar as defending yourself against a traffic citation.

Why?

Because the issue will be tried in a court operated and staffed by the same government (or an entity of that government) by whom the sworn law enforcement official is also employed.

Fair enough

If you can attend a traffic school, you might consider that option.

Agree.

In some states one can seek a deferred adjudication or deferred disposition of the matter, which will also cause the citation to be dismissed.

For instance, in Texas there is no limit to the number of deferred adjudications one can seek annually.

Not in CA for a traffic infraction.

Overall, the best solution to traffic citations is stay informed about all traffic laws and obey same religiously!

If you're in compliance with the law 100% of the time, you'll never have your safe motoring disturbed by a traffic stop, or the eventual traffic citation.

Amen!

 

[Afsoun]

Thank you so much! Just one more question. How does that constitute for driving on the "wrong side" if the center lane is for both sides of traffic?

 

[Zigner]

Thank you so much! Just one more question. How does that constitute for driving on the "wrong side" if the center lane is for both sides of traffic?

Did you, at any point, cross a double-yellow line, as you indicated in your first post?

 

[Zigner]

California Code, Vehicle Code - VEH § 21460 | FindLaw

You are not to drive in to the center area because the solid line is on your side. The exception for turning applies if you are turning in to our out of that lane, not proceeding to a dedicated turn lane farther down the street. (see 21460.5). The center lane is not for "both sides of traffic" per se. It is a double-left turn lane, not a proceed past stopped traffic lane.


EDIT: I get where you're coming from and I've done the very thing you are charged with...

 

[zddoodah]

Driving into the left turn lane early seems very common

You know what else are common?

1. Speeding.
2. Rolling through stop signs without actually stopping.
3. Driving through intersections after the light has turned red.

And what do all of those things have in common with driving into the left lane early?

You guessed it: they're all illegal.

Do I have a good argument to fight this ticket?

Nothing in your post suggests you do. The commonality of a traffic infraction does not change the illegality of the act.

How does that constitute for driving on the "wrong side" if the center lane is for both sides of traffic?

VC 21650 requires that you "drive[] upon the right half of the roadway," except under the circumstances listed in subsections (a)-(h). Driving in "the center lane" is not "driv[ing] upon the right half." Moreover, even if you were on "the right half," you could still be ticketed for crossing double solid yellow lines.

 

[Zigner]

You know what else are common?

1. Speeding.
2. Rolling through stop signs without actually stopping.
3. Driving through intersections after the light has turned red.

And what do all of those things have in common with driving into the left lane early?

You guessed it: they're all illegal.



Nothing in your post suggests you do. The commonality of a traffic infraction does not change the illegality of the act.



VC 21650 requires that you "drive[] upon the right half of the roadway," except under the circumstances listed in subsections (a)-(h). Driving in "the center lane" is not "driv[ing] upon the right half." Moreover, even if you were on "the right half," you could still be ticketed for crossing double solid yellow lines.

There are exceptions allowed for driving in the center lane when the lane is bordered on each side by double yellow lines, striped on the inside and solid on the outside. One is when making a legal left turn on to the main street with a subsequent merge in to the main lane. Another is in preparation for making a legal left turn from the center lane. In either case, the max distance you're allowed to be in the lane is 200'. As I mentioned in my earlier reply, the lane is not to be used to pass stopped (or slow) traffic, and that's what the OP did.

 

[mightymoose]

It seems your argument is that crossing the double yellow is done regularly by everyone so it should be ok for you too.
Well, people regularly exceed the speed limit, drive drunk, and commit other violations too. Some get caught, some don't.
This apparently was your time. What you describe is apparently violation. Regardless of your reason and how safely you think you did it, it is almost never ok to cross a double yellow.
Your best option here is to pay the citation, attend a traffic school course, and stop doing what everyone else does so they can get caught instead.

 

[mightymoose]

There are no good or bad arguments, insofar as defending yourself against a traffic citation.

Agreed. Unless one can show clearly that the citation was wrongly issued, that some error was made, there is no sense in fighting it. Those errors are rare but do happen.
Everything else is an excuse or sob story that most in the court room are not listening to.

 

[mightymoose]

FWIW officers often mistakenly write the wrong code and correct it later. Perhaps the one given above is correct, but the description you give suggests VC 21460 is more appropriate.

If the officer does not amend the citation you might be able to convince the judge you were I the center, not on the wrong side. I would expect to receive an amendment in the mail.

VC 21460 does allow for crossing a double if making a left, however the distance you traveled to make that left might be an issue. You did not indicate how far you went, but I suspect that is why you got it. That would be the sort of argument to make if you try to fight it- that crossing was allowed to make the turn as defined in the statute.

 

[Zigner]

VC 21460 does allow for crossing a double if making a left, however the distance you traveled to make that left might be an issue. You did not indicate how far you went, but I suspect that is why you got it. That would be the sort of argument to make if you try to fight it- that crossing was allowed to make the turn as defined in the statute.

NO.
One can use the lane to turn left from, but no to go straight.
The OP traveled straight in the center lane until it became a dedicated left turn lane and then made a left at an intersection from that dedicated left turn lane. The cite was appropriate because the OP cross the center line to proceed straight.

 

[mightymoose]

The OP traveled straight in the center lane until it became a dedicated left turn lane and then made a left at an intersection from that dedicated left turn lane.

NO.
No information was given to indicate how far the vehicle traveled before making the turn. I addressed that.
Even so, this would not be driving on the wrong side of the road unless crossing beyond the center, it would be a double yellow violation.
The shorter the distance traveled in the center the better the argument may be if challenged in court. More than 200', as was mentioned above, would be beyond required signaling distance and likely too far to argue a valid left turn.

 

[Zigner]

NO.
No information was given to indicate how far the vehicle traveled before making the turn. I addressed that.
Even so, this would not be driving on the wrong side of the road unless crossing beyond the center, it would be a double yellow violation.
The shorter the distance traveled in the center the better the argument may be if challenged in court. More than 200', as was mentioned above, would be beyond required signaling distance and likely too far to argue a valid left turn.

The distance the OP traveled is irrelevant insofar as this violation is concerned. The OP traveled in the double-left turn lane and then continued to the dedicated left turn lane. Once the OP left the double-left turn lane to enter the dedicated left turn lane, he committed the violation because he wasn't turning left from the double-left turn lane. I've attached a picture of an intersection with a similar situation. If one is traveling from North (top of picture) to South in the double-left turn lane (to get around slow-moving traffic, as the OP stated), but continues in to the dedicated turn lane, one is in violation of the code section that the OP has been charged with. I would appreciate if the OP would verify that this is the situation.