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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default CVC 21651(b)

    Los Angeles, CA

    Traffic was backed up, so I entered the middle turn lane in order to get around traffic in order to proceed into the left turn lane (to make the green arrow).

    This picture might explain it better:

    http://7zark7.netfirms.com/

    The red line is my vehicles path, the yellow line is the double yellow that separates the mutual turn lane from the left turn lane. The blue line is the officer who witnessed this from their rear-view mirror.


    By doing this I received a misdemeanor ticket for 21651 (b). This is the same ticket reserved for driving down the wrong side of the freeway.

    Anybody have any experience in this area?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: CVC 21651(b)

    One of our traffic gurus may chime in. As I see it, the principal question is whether you were passing lawfully. I am assuming that the only thing you crossed was the double yellow, and not any sort of curb, barrier, or other physical lane divider of any sort. In which case I think these statutes govern:
    Quote Quoting CVC 21460.5
    (a) The Department of Transportation and local authorities in their respective jurisdictions may designate a two-way left-turn lane on a highway. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the highway.

    (b) Two-way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. The Department of Transportation may determine and prescribe standards and specifications governing length, width, and positioning of the distinctive pavement markings. All pavement markings designating a two-way left-turn lane shall conform to the Department of Transportation's standards and specifications.

    (c) A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a highway or when preparing for or making a U-turn when otherwise permitted by law, and shall not be driven in that lane for more than 200 feet while preparing for and making the turn or while preparing to merge into the adjacent lanes of travel. A left turn or U-turn shall not be made from any other lane where a two-way left-turn lane has been designated.

    (d) This section does not prohibit driving across a two-way left-turn lane.

    (e) Raised pavement markers may be used to simulate the painted lines described in this section when those markers are placed in accordance with standards established by the Department of Transportation.
    Quote Quoting CVC 21460
    (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.

    (d) Raised pavement markers may be used to simulate painted lines described in this section when the markers are placed in accordance with standards established by the Department of Transportation.
    So by crossing a double yellow before the turn area started, it looks like the violation should have been under CVC 21460(b).

  3. #3
    Join Date
    May 2008
    Posts
    4

    Default Re: CVC 21651(b)

    That was my original thinking. no, no curb or barrier. I assume I was passing lawfully, since you can use the middle turn lane for up to 200ft. But the passing issue was not on the ticket.
    I believe the officer is under the impression that the mutual turn lane was a double yellow line and not a single yellow. Meaning, they think i drove the wrong way in traffic to reach the turn lane.


    I'm really not happy with the fact that it's going to cost a lot of time and money for me to set the record straight. It really has me stressed out. I'll keep you all posted.

  4. #4
    Join Date
    May 2008
    Posts
    4

    Default Re: CVC 21651(b)

    The case was dismissed. I hired a traffic attorney and they took care of everything. I didn't even have to show up in court, they did it for me.

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