Crossing Double Yellow Lines to Park

[SweetCaroline28]

My question involves a traffic ticket from the state of: CA

I was driving on a small downtown street in California early in the morning. I did a U-turn across double yellow lines directly into a parking spot on the opposite side of the street and received a ticket for crossing the double yellow lines.

Here is my dilemma, I would like to contest this ticket based on the fact that I often cross yellow lines to enter driveways, etc. and I really wasn't aware at the time that doing the same for a parking space was illegal. I have a clean driving record otherwise and am hoping a judge would be lenient with this violation. However, I have the option of requesting traffic school & paying the fine and then I am guaranteed not to have any points on my license.

If I plead not guilty and they uphold the ticket, can I still request traffic school? Do I even have a chance at the ticket being dismissed?

[blewis]

As far as I can tell, CVC 21460 provides:

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.

So, unless there were signs disallowing a U-turn or a U-turn was not proper (in either case you should have been cited for an illegal U-turn), I dont' see how your maneuver isn't an exception to the "double line" rule. Maybe I'm missing something. What statute were you cited under?

Barry

[SweetCaroline28]

I'm not sure what statute. It only says "crossing double yellow lines" on my ticket. There actually is a no U-turn sign near the area where I was given the ticket, but the cop didn't cite me for it and didn't mark it anywhere on my ticket. Because the no U-turn sign isn't marked anywhere, would it be easier to fight?

If I try to fight the ticket and the judge finds me guilty, can I then request traffic school? Or do I need to request it outright?

Thanks for your help!

[cdwjava]

Until you know the specific section you were cited for, it will be kind of hard to help you come up with a possible defense. It could be you were cited for the wrong violation.

Take a look at the citation and let us know.

- Carl

[blewis]

Carl is right -- we need to know the statute. Look for a 5-digit number (such as 21460) on your citation. If it's missing, that could be grounds for dismissal -- in WA anyway.

Barry

[cdwjava]

If no statute is written on the citation, the court will return it to the issuing officer for amendment because the statute is what determines bail, traffic school eligibility, points, etc. Without it, no one can act.

If there is no statute, appear at court as scheduled and hope that they will dismiss.

- Carl

[SweetCaroline28]

the violation# is E21460A 29. Does that help?

[cdwjava]

the violation# is E21460A 29. Does that help?

Here is the section:

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.

I have always let that go, but a turn into a parking space is not one of the exceptions as permitted in the section.

You can always argue it, but a judge may not be sympathetic.

- Carl

[EWYLTJ]

Is "being a cop" one of the exceptions listed???

[cdwjava]

Is "being a cop" one of the exceptions listed???

Nope.

Are you saying the OP is a cop?

- Carl