ExpertLaw.com Forums

Wrong Way Driver 21651b Traffic Violation - Misdemeanor

Printable View

  • 09-21-2009, 03:53 PM
    mctraffic
    Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    My question involves a traffic ticket from the state of: California

    I was driving on a major street in Southern California at 2am. I proceeded to make a left turn at another major street and since it was dark, I did not notice that I made a left turn into the lane going the wrong way. Two seconds after realizing my mistake, I made a U-turn right away and 1 second later, a cop who I guess was patrolling the area pulled me over.

    I pulled in to the nearby gas station and the cop asked me for my license and registration. he then asked me if i was drinking that night; i told him that i just had a beer. he said my breath "wreaked of alcohol" and i cut him off mid-sentence to say that i was willing to take a sobriety test. after all was said and done (BAC = 0.05%); I was cited with California Vehicle Code 21651b. I thought this was just an infraction but when I got home, i realized it was a misdemeanor.

    My questions are:

    1. I got a speeding ticket a 15 months and a failure to stop at stop sign 8 months ago, how will this misdemeanor affect my license?

    2. I know I should fight this in order to get a plea bargain but I can't afford an attorney; will a public defender be helpful?

    3. is it possible for my driver's license to be suspended because of this? thanks!

    thanks so much.
  • 09-21-2009, 07:17 PM
    That Guy
    Re: Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    Quote:

    Quoting mctraffic
    View Post
    how will this misdemeanor affect my license?

    21651(b) is a 2 point violation. So if convicted, you will get those added onto your record.
    So with you having one point in the past 1 year and 2 points in the past 2 years, and if convicted, you will have a total of 3 points in one year (1 point away from an DMV administrative suspension) and a total of 4 points in 2 years (2 points away from a DMV DMV administrative suspension).
    Quote:

    Quoting mctraffic
    View Post
    I know I should fight this in order to get a plea bargain but I can't afford an attorney; will a public defender be helpful?

    A public defender is an option, however, not sure how much he/she will help considering the circumstances. You were caught going the wrong way, and obviously you were impaired, albeit not above the legal limit. You can try though...
    Quote:

    Quoting mctraffic
    View Post
    is it possible for my driver's license to be suspended because of this? thanks!

    I don't see anything that suggests that there is a statutory (court ordered) suspension associated with this. But you are pretty close as far as violation points. One more point in the next 7 months (within 12 months from your last citation) will certainly get you a 6 months suspension + a one year probation from the DMV.
  • 09-23-2009, 01:46 AM
    mctraffic
    Re: Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    Hi, That Guy. Thank you for the comprehensive reply. What then would you suggest is the best action for me to take?

    thanks!
  • 09-29-2009, 08:11 PM
    That Guy
    Re: Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    Quote:

    Quoting mctraffic
    View Post
    Hi, That Guy. Thank you for the comprehensive reply. What then would you suggest is the best action for me to take?

    thanks!

    Not really sure if I'd approach this alone (without an attorney) if you want any hopes of a possible reprieve. You were caught driving in the opposite direction... Its the officer's word against yours. Assuming you can even begin to argue that you weren't in violation.

    I'd consult with an attorney... See what he/she tells you.
  • 09-30-2009, 08:34 AM
    EWYLTJ
    Re: Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    I agree with That Guy that if you can have an attorney, I'd take it. However, I would learn as much as possible about the charge and the attroney's plan for a defense before I allowed him to procede. If you stay silent, he will likely just dispose of the case in a way that causes him the least amount of work.

    I do NOT agree with That Guy in that you were "obviously impaired" in an obvious reference to your BAC. As a matter of fact, I find that to be incredibly arrogant. A BAC of .08 is already extremely low for a legal limit. At .05, your major source of impairment would be from fatigue given the late hour. However, since you had ANY alcohol, it is easy for the knee-jerkers to jump on that as the cause. If you were talking on a cell phone, then you mistake would have been due to that according to the same knee-jerk reaction. I don't understand why it can't be accepted that you simply made a mistake and that mistake had absolutely nothing to do with alcohol.

    Some people just desperately want to find the boogie man.
  • 12-04-2009, 05:19 PM
    mctraffic
    Re: Wrong Way Driver 21651b Traffic Violation - Misdemeanor
    My case is resolved. I'm posting in case anyone in the future encounters the same problem. My biggest advice is: DON'T WORRY.

    During my first court appearance, the judge saw my traffic citation. He said that the code is usually for people who drive on the wrong side of the freeway and he doesn't know what I did so he's gonna put me in as 'not guilty' so that I can talk to the DA about it. He did not even ask me anything. He just gave me another date (I think this is called arraignment or pre-trial... I'm not sure) to meet with the DA. If you don't get a nice judge, then just plea not guilty and arrange a meeting with the DA.

    About three weeks later, I got to meet with the DA and he was a really nice guy. He asked me what happened and I explained. He then told me that he was gonna give me three options: 1. I plead guilty get charge 50 bucks for processing plus 300-400 for the traffic fine and a misdemeanor and 2 points on my record. 2. I give my DNA sample (DA deterrence program or something), pay 75bucks and case gets dismissed. 3. Plead not guilty and arrange a hearing with a lawyer or public defendant.

    Of course, I picked option 2. Now I'm just out 75bucks with no points against my license and no misdemeanor on my record. So yeah, don't worry!!

    PS
    To draw the DNA they use a needle that about 4 inches long and about an 8th of an inch thick. The DA's office employs medical students to draw DNA. The guy that I got earlier poked me four times before he got it right.
All times are GMT -7. The time now is 10:49 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved