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  1. #1
    Join Date
    Apr 2018
    Posts
    5

    Default Failure to Obey Traffic Sign, Prohibited Turn

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

    Hello All,

    I got a traffic citation on 03/07/2018 at around 10:28 AM when I was taking a right turn onto Lawrence expressway from Granada Ave in Santa Clara, CA. I was coming from El camino real and was going back to my office. Weather condition was bright and sunny and there was medium traffic. There were 2 signs when I was taking a right - a stop sign and a sign which said "Right Turn Only. Do not cross onto Lawrence". The sign which said "Right Turn Only. Do not cross onto Lawrence" was masked in the shade of the trees nearby and was hidden behind two cars - one which was parked wrongly on a red curb and one which was parked right near the turning just before the stop sign. So my view to this sign was obstructed by these parked cars on the curb and the shadow casted by the trees onto the sign. The red stop sign was visible since it was at a higher elevation and was visible clearly.

    So, I stopped at the stop sign and then continued onto the road and since I wanted to get onto Lawrence expressway, I made a lane change and continued onto Lawrence. When I made the lane change onto Lawrence expressway, that is when I realized that I had crossed the double white lines and realized that I should not have done it . I tried to come back to the previous lane but saw 2 cars behind me, one coming in the same wrong path as me and the other going to the right. If I had changed my lane to go to the right direction, it would have caused an accident.

    So to ensure my safety and the safety of the other cars behind me, I continued on Lawrence and was caught by the police officer who was standing on a bridge about 100 feet away from the alleged cross over point to Lawrence expressway. He stopped me and issued me the ticket for wrongly crossing over the double white lines. The car who was behind me was also caught by the officer. When I and the car behind me were being issue the citation, there were 2 more cars who crossed the double white lines and went past us which implies that the signs that says "Right Turn Only. Do not cross onto Lawrence" was not visible/legible to many people.

    After I got the citation, I went back to my office and came back shortly with my wife to collect photographical evidence of the weather at that location. Out of curiosity, I counted the number of cars who committed the same mistake of crossing over onto Lawrence. I found that at least 4 in 10 cars did the same mistake which clearly implies that the traffic sign was not legible.

    Also, the traffic police has misrepresented the weather condition on the citation saying that it was cloudy. I have attached photographic evidence to prove that the weather was sunny and bright (Please refer to the first photo. This photo was taken by my wife from the passenger seat when I came back again to that location shortly)

    So how do I go about fighting this citation using "Trial by written declaration". Is there any chance of success in this?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Failure to Obey Traffic Sign

    First, what code section(s) were you cited for?

    Second, forget about the weather. That's a non-issue. It just doesn't matter.

    Third, yes, it's POSSIBLE to prevail, provided that the photographic evidence is compelling and shows that it was not possible to read the sign (assuming you were cited for VC 21461). If it's a "maybe" on the photo evidence, then you may not prevail. Keep in mind that if you lose your TBWD or a subsequent trial de novo, you may also lose your option for traffic school. Only you know how compelling your evidence might be.

    Now, if your evidence is merely that 4 in 10 cars violated the sign, then that is not going to be compelling ... other than maybe to encourage the police to do more enforcement there. IMPLYING something is not generally considered evidence.

  3. #3
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Failure to Obey Traffic Sign

    Shade does not "mask" traffic signs.

    In addition, I find it difficult to believe that a mere car parked on the side of the street would obstruct a properly placed traffic sign. I think you're grasping at straws.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Obey Traffic Sign

    This is a very unusual sign placement. It probably won't fly but I'd certainly bring a picture to court. Here it is in Google Street View....

    https://www.google.com/maps/@37.3488...7i16384!8i8192

    However, to make the turn you did, you also crossed a painted divider. That is a violation in itself.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Failure to Obey Traffic Sign

    There are two right turn only signs on the right side on the lane. One at the intersection and one a couple of hundred feet (maybe less). However, there is a MASSIVE right turn only sign posted on the center island. Just food for thought that the OP is having to argue the obscuration of not 1, but 3 signs. He can argue sign height on 2, but the center island looks to be official height and size.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Obey Traffic Sign

    The one 100 feet back only says "right turn only." Without qualification, it's hard to view that as a restriction of not turning right onto the main roadway.
    I admit it's hard to miss the one in the island.

  7. #7
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Failure to Obey Traffic Sign

    Forget about the signs, they're irrelevant! My guess is you were cited for a violation of VC 21655.8(a) which states:

    "Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes."

    You are lucky that you were not able to get out of the HOV lane because if you did you would be guilty of 2 counts of that code section, 1 count for crossing the double line to get into the HOV lane and 1 count for crossing the double line to get out of the HOV lane.

    The fine for that violation will be approx. $489 and is a 1 point violation. My suggestion would be to just plead guilty and request traffic school, because as far as I can see, you have no chance of winning this.

  8. #8
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Failure to Obey Traffic Sign

    Correct flyingron, but the two black and white signs clearly state "do not cross onto Lawrence" those in itself are regulatory signs and must be obeyed. By the OP stating the right sign was obscured by shade or a car it doesn't hold water, since the island sign is clearly visible.

    I'm not sure on this argument at all. If the OP argues this angle he needs to show all three signs in his photos. If not, I'm sure the officer will see describe the signs, thus tanking the OPs argument.

    Now, this intersection is clearly abnormal. I don't think I've ever seen an intersection configured like this. It's almost a better shot to plead confusion due to the layout. I understand the signs should clarify it but this intersection is clearly unusual.

  9. #9
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Failure to Obey Traffic Sign

    Assuming you were cited for CVC 21461, your best hope is that the officer does not respond to your TBD due to the sheer number of violations you say you have observed (or whatever other reason). Your argument in TBD should be what you stated here, i.e., that the sign was obstructed by (illegally) parked vehicles due to its shortness. Do not mention the island sign or the painted divider. If the officer does responds to TBD, you will lose. You can then argue the confusing signs at your Trial de Novo ("right turn only, but do not cross onto Lawrence." You could say making the right turn onto Lawrence means you've already crossed onto Lawrence.) Do not mention the painted divider... let the officer make that argument. Hopefully the judge will be confused too. If you are eligible for traffic school and choose to fight the ticket anyway, then lose your court trial, there is some risk you won't be allowed traffic school at that time. That risk is not high, though, at least in the Bay Area.

  10. #10
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: Failure to Obey Traffic Sign

    Quote Quoting zeljo
    View Post
    "Assuming you were cited for CVC 21461..." and "Do not mention the painted divider..."
    You are assuming that the citation is for 21461. What if the citation is for VC 21655.8(a) which fits OP's violation more accurately? Go 50 ft. beyond the intersection and you will see clearly marked "double parallel solid lines" which cannot be legally crossed. How do you defend against his crossing those lines even if he didn't see the signs?

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