Failure to Obey Sign, VC 21461(A)
My question involves a traffic ticket from the state of: California
I got a ticket today for making a right turn when there was ‘no right’ turn sign. I was at a 4 way intersection with a green light, where you can typically make a right hand turn. The reason for the no right hand turn sign was due to a construction zone. This was definitely a trap set by the police, as the 3 other cars in front of me turned right, we all got pulled over. I definitely felt setup after this!
However, the street was not closed off and traffic was still continuing on this street with the construction zone. Additionally, the cones appear to establish a turning lane to allow vehicles to turn right as well. Furthermore, there were no detour signs or alternate routes posted.
So, the ticket I got was for violating:
21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.
After reviewing the Manual on Uniform Traffic Control Devices Section 6C.05 Transition Area, I found the following statement (Temporary Traffic Control):
Standard:
When redirection of the road users’ normal path is required, they shall be directed from the normal path to a new path.
I was wondering if I have a chance in fighting this in court, as there were no signs or indication as to where I should be going if I could not go right.
I also went back and took pictures of the area to show that there were no detour signs.
What do you think, any advice would be much appreciated!
Re: 21461 (A) Failure to Obey Sign
Quote:
Quoting
bike_ca
I was wondering if I have a chance in fighting this in court, as there were no signs or indication as to where I should be going if I could not go right.
It really depends on the street, the traffic volume, whether it is a side street or a major highway... At any rate, and based on what you posted, "I" am just not feeling your reasoning there... But I have been wrong before.
Here's why.... Note that the citation you provided from the MUTCD states:
"When redirection of the road users’ normal path is required, they shall be directed from the normal path to a new path."
So if this was (say for example) a single block that was closed off, then then need for a detour might be a bit of a stretch... You ould have simply gone through to the next block, made a turn in the direction and found your way again.. It isn't really that complicated.
Also, keep in mind that just because other people made that same illegal turn does not, by any stretch, mean that you can follow them nor does it mean that it was a "trap"...
You're free to try it though... Good luck!
Re: 21461 (A) Failure to Obey Sign
Wow I just got the same ticket today, however I didn't even see the no right turn sign. When I got pulled over the officer didn't even tell me what I did wrong, until I asked her. Then all she said was that I couldn't make a right turn. I am going to write a written statement and hopefully get my ticket dismissed. Good luck to you.