My question involves a traffic ticket from the state of: California
Shortly after I dropped off my kids at their elementary school, I turned left onto a typical 2 lane residential road from the school’s parking lot. To my surprise, I get pulled over by Officer Friendly. He claims that I violated the “Right Turn Only” sign. I claimed at the time that I didn’t see/notice the sign. Unfortunately, I drove off with a 21461(a) citation.
I wanted to bounce off a few ideas.
1) I should not have received a 21461(a) violation. This carries a big fine plus one point on my record. I figure that since the public school is public property then I believe I should have received a citation for 38300.
a. Can the judge just say, okay you’re guilty of 38300 right away or does the prosecution need to reissue the citation and reschedule the trial?
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.
38300. It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280.
38280. Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic.
2) It annoys me that the traffic officer is considered the “prosecution” and not just a “witness” in California. I was planning on attempting to set up a meeting with my “prosecutor” at the local police department to negotiate a plea deal. I’m assuming that I’ll get laughed out of the police station. I’ll document this attempt. When the trial starts, I’ll ask that the judge drop the case since there is no “prosecutor” and whine about the disparity I heard a few days earlier.
3) I noticed that the sign is written in words, “Right Turn Only.” This sign does not appear to exist in the latest MUTCD. On table 1-102(CA), it does reference a R41(CA) “Right Turn Only” as being obsolete with no target compliance date. This sign has been replaced with a R3-5R, arrow pointing right with an “ONLY” underneath. Naturally, I feel that I have the right to determine if the sign is legitimate. Are the words the correct size & position according to the state of California? I was unable to find a descriptive drawing of the sign. http://www.dot.ca.gov/hq/traffops/si...ndel/specs.htm
So…am I not-guilty or should I just take traffic school?


