Page 1 of 2 1 2 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    May 2015
    Posts
    5

    Default Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(a)

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

    I've been given a ticket for violating VC 21461 A by re-entering the freeway from an exit lane. I'm planning to start fighting it by filing a Trial by Written Declaration and use the following points for my defense:
    1) The sign "Right Lane Must Exit" was located where the right lane's left line separating it from the other lanes was already continuous. Crossing it at that point would have been an infraction and potentially put other drivers at risk. See photo below:

    2) While approaching the exit for Holly St. right past the bridge, there were no additional signs that cars must exit. Additionally, the lines indicate that it's possible to either take that exit or go straight to re-enter the freeway and do not suggest a possible infraction. See photos below:



    I explained to the officer that while I usually take the Holly St. exit to go home and avoid some traffic, this time I remembered that I had to pick up my son from baseball at a location that would require me to take the next exit. So the intention was actually not to re-enter the freeway but take the next exit. I understand that this last part may not help my case, but I'm adding it here in case you have suggestions if I should include this or not in my declaration.

    Do you feel that I have some chances to win? Is there a different strategy I should use?

    Thanks so much in advance!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    is the claimed violation due to not exiting at the exit in the first picture or not exiting where the lane markings show to turn in the last pciture?

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    The continuous line does not prohibit lane changes per the MUTCD; single solid white is meant to discourage but does not prevent crossing. Unil you reach that sign, you may legally change lanes to the left. Once you pass the sign, you may not legally NOT exit the feeeway. If the extension of the through lane never left the weave lane before becoming an exit lane, you technically did not re-enter the freeway.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    You exited as directed in the first picture, correct; Meaning, you followed that exit lane and left the main freeway, correct?
    That is all that sign is addressing; if in that right most lane, while on the freeway, you must continue into the (I guess it must be called a weave lane) exiting the main part of the freeway. It is not addressing your actions once on the weave lane.

    the roadway you were on is both an exit for the loop around onto Holly street but it is also an entry lane for those coming off Holly Street on the loop around that enters just before the bridge? I think the cop spent too much time driving those loops and became loopy.

  5. #5
    Join Date
    May 2015
    Posts
    5

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    Quote Quoting jk
    View Post
    is the claimed violation due to not exiting at the exit in the first picture or not exiting where the lane markings show to turn in the last pciture?
    The claimed violation is for not exiting at the second picture. The police officer pulled me over after I passed the traffic light shown in the last picture as at that point he thought I was re-entering the freeway..

    - - - Updated - - -

    Quote Quoting Speedy Gonzalez
    View Post
    The continuous line does not prohibit lane changes per the MUTCD; single solid white is meant to discourage but does not prevent crossing. Unil you reach that sign, you may legally change lanes to the left. Once you pass the sign, you may not legally NOT exit the feeeway. If the extension of the through lane never left the weave lane before becoming an exit lane, you technically did not re-enter the freeway.
    Thanks for your explanation. I'm not sure I completely understand your comment. I believe that crossing a continuous line is an infraction as I've been given a ticket few months back for taking an exit by crossing the continuous line, instead of waiting to get to the dotted line. As for the specific case, the officer pulled me over when I was on the entry lane to re-enter the freeway (bottom photo, passed the traffic lights). I'm not sure if it's a good idea to use my first point though as it may be too weak. My second point seems more solid thought, but I need your input on how I can best structure my case. Thanks again for your support!

    - - - Updated - - -

    Quote Quoting jk
    View Post
    You exited as directed in the first picture, correct; Meaning, you followed that exit lane and left the main freeway, correct?
    That is all that sign is addressing; if in that right most lane, while on the freeway, you must continue into the (I guess it must be called a weave lane) exiting the main part of the freeway. It is not addressing your actions once on the weave lane.

    the roadway you were on is both an exit for the loop around onto Holly street but it is also an entry lane for those coming off Holly Street on the loop around that enters just before the bridge? I think the cop spent too much time driving those loops and became loopy.
    This is exactly my point! I obeyed to the sign by staying on the weave lane, but there was no other sign requiring drivers coming from the freeway to take one of the exits on the bridge. Also, the lines past the bridge suggest that cars can re-enter the freeway.

  6. #6
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    Quote Quoting joe_ca
    View Post
    Thanks for your explanation. I'm not sure I completely understand your comment. I believe that crossing a continuous line is an infraction as I've been given a ticket few months back for taking an exit by crossing the continuous line, instead of waiting to get to the dotted line.
    As I stated, per the MUTCD, a solid single white line --less than 18 inches in width-- does NOT prevent crossing, it discourages it. Even if you had moved left after the sign, crossing the line is not an infraction. Disobeying the regulatory Exit Only sign is.

    The officer that cited you for the previous violation likely does not understand this, and, sadly, this is commonplace for officers to cite people for a nonexistent violation. Just be caused he ticketed you for it doesn't mean he was correct in believing you violated a law. If you haven't plead guilty or paid that, I suggest you fight it.

    Quote Quoting joe_ca
    As for the specific case, the officer pulled me over when I was on the entry lane to re-enter the freeway (bottom photo, passed the traffic lights). I'm not sure if it's a good idea to use my first point though as it may be too weak. My second point seems more solid thought, but I need your input on how I can best structure my case. Thanks again for your support!
    I would stick to your explanation and the logic JK posted. You exited the freeway onto an on/offramp. Washington actually has regulatory signs posted that say you cannot do what you did. Not sure if California does. Can't remember. Been too many years.

  7. #7
    Join Date
    May 2015
    Posts
    5

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    Quote Quoting Speedy Gonzalez
    View Post
    As I stated, per the MUTCD, a solid single white line --less than 18 inches in width-- does NOT prevent crossing, it discourages it. Even if you had moved left after the sign, crossing the line is not an infraction. Disobeying the regulatory Exit Only sign is.

    The officer that cited you for the previous violation likely does not understand this, and, sadly, this is commonplace for officers to cite people for a nonexistent violation. Just be caused he ticketed you for it doesn't mean he was correct in believing you violated a law. If you haven't plead guilty or paid that, I suggest you fight it.



    I would stick to your explanation and the logic JK posted. You exited the freeway onto an on/offramp. Washington actually has regulatory signs posted that say you cannot do what you did. Not sure if California does. Can't remember. Been too many years.
    Sadly, I already paid that ticket for crossing the continuous line and can't fight it anymore. But because I feel it's unfair that they charge silly tickets just to extort money from citizens instead of punishing real infractions, I decided to fight them from now on.

    Regarding this ticket, I think the action plan is coming together (and thanks to all of you for the big help!). Now, since this is the first time that I fight a ticket, I understand the part where I'll request a Trial by Written Declaration, but I was wondering if it would be good and I have the right to ask the California Highway Patrol to mail me the report that the officer wrote, so I know which kind of documentation they have.

  8. #8

    Default Re: Fighting VC 21461 a for Re-Entering Freeway from an Exit Lane

    By taking the exit ramp, you've already complied with the sign. You have exited the highway.

    By the bridge you are on what's called a "C-D Road" collector-divider.

  9. #9

    Default Re: Re-Entering a Freeway from an Exit Lane, VC 21461(a)

    There is no violation whatsoever here. You did exit the freeway as the sign required. You are perfectly within your rights to re-enter it, along with all the cars coming from Holly Street. Just tell the judge what happened and show the photos. Unless the officer blatantly lies and says you never exited the freeway in the first place, the charge should be dismissed.
    If you haven't paid your ticket yet, please note that Trial by Declaration requires you to pay upfront; you will then have to wait long months for a refund after (if?) you're acquitted. In contrast, if you personally go to the arraignment and request a trail, you won't have to pay until and unless you're actually found guilty.

  10. #10
    Join Date
    May 2015
    Posts
    5

    Default Re: Re-Entering a Freeway from an Exit Lane, VC 21461(a)

    I would greatly appreciate if you could give me your critique on the following declaration that I'm planning to use:

    ###

    I respectfully submit this written declaration to the Court pursuant to Vehicle Code 40902. I plead Not Guilty to the charge of violating Vehicle Code 21461(a): Driver Failure To Obey Signs - "Right Lane Must Exit."

    The facts of my case are as follows: While driving Northbound on US-101 on 04/16/2015 at approximately 5:40 PM on the right most lane, I noticed the "Right Lane Must Exit" sign and continued driving on the exit lane to comply with the sign. As I was about to re-enter US-101 North, I was stopped by CHP Officer ADD NAME (ID #: 1111) and cited for violating Vehicle Code 21461(a). The Officer alleged I disobeyed the "Right Lane Must Exit" sign by not exiting on Holly Street.

    I do not believe I disobeyed Vehicle Code 21461(a). Exhibit "A" shows that I complied with the "Right Lane Must Exit" sign by staying on the exit lane.
    Exhibits "B", "C", "D" and "E" show no other sign requiring vehicles coming from US-101 to exit on Holly Street, as I continued driving on the wave lane.
    As I was approaching the last exit to Holly Street, I still did not see signs requiring to exit. Additionally, lines clearly indicate that I could continue driving on the wave lane (Exhibit "F").
    After passing the traffic light indicated in Exhibit "G", CHP Officer ADD NAME pulled me over and alleged I disobeyed the "Right Lane Must Exit" sign by not exiting on Holly Street.

    In the interest of justice and fairness, I respectfully request the Court to dismiss my citation because I did comply with the "Right Lane Must Exit" sign by exiting US-101.

    If the Court does not find in my favor, I request a Trial de Novo.

    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

    ###

    Is there anything I should change? Thank you!

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Lights, Signs and Traffic Controls: Entering Regular Freeway Ramp from Non-Ramp Traffic Light, VC 21461(a)
    By Masterguy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 10-29-2014, 10:05 AM
  2. Traffic Lane Violations: Entering a Freeway From the Carpool Lane
    By nessa082 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-15-2014, 04:59 AM
  3. Lights, Signs and Traffic Controls: Failure to Obey a "Right Lane Must Exit" Sign, CVC 21461(A)
    By bakery27 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 01-27-2013, 01:18 AM
  4. Traffic Lane Violations: Failure to Follow Sign: Right Lane Must Exit, VC 21461(A)
    By johnw_holland in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 10-11-2011, 03:29 PM
  5. Traffic Lane Violations: Is it Illegal to Exit and Re-Enter from a Freeway Exit
    By missava in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 07-31-2011, 11:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources