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  1. #1
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    Question Failure to Obey Traffic Sign in California

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

    I got a ticket for merging late onto the freeway. At the time the ticket was issued, the CHP told me I didn't obey the sign which reads: Right Lane Must Exit.

    There was stopped traffic on the highway and, before I could reasonably merge, I had to keep moving because some nitwit was tailgating me within inches and leaning on his horn. Further, I didn't want to just stop in the lane and wait for an opening.

    I actually thought about pulling over to the right to allow the tailgater to pass me but there was only the shoulder so I kept moving.

    As soon as I saw an opening in the stopped traffic, I merged left. The tailgater followed.

    I was waved over by a CHP officer parked on the shoulder. He ignored the tailgater, of course: he probably never even saw him.

    My point is: I did not cross a solid white line. I merged left crossing the broken white line and at the same point where the sign that reads RIGHT LANE MUST EXIT is posted. In other words, as soon as practicable and safe.

    The CHP officer was completely uninterested in hearing what I had to say, so I just gave up talking and handed him my paperwork.


    Problem is I only have my story, e.g., no proof of what happened. I guess my only hope is that the issuing officer doesn't show up next week.

    I searched for something in the vehicle code or CA law that covers how soon a motorist has to actually obey such a sign. Could not find anything. Does anyone know if there is such language?

    It seems to me that if I had merged after passing that sign, then I would be guilty of not obeying it. If however I merged as soon as I saw the sign, which due to traffic conditions and flow and to refrain from simply stopping in the lane, occurs just as my car was at the the sign, then I did in fact obey the sign.

    This is the only way I have of describing my position.

    What do you think?

    Have any advice?

    Thank so much!

  2. #2
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    Default Re: Failure to Obey Traffic Sign in California

    What section of the Vehicle Code were you charged with?

    It seems to me that if there was no solid line, then you were still allowed to change lanes.

  3. #3
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting EWYLTJ
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    What section of the Vehicle Code were you charged with?

    It seems to me that if there was no solid line, then you were still allowed to change lanes.
    21461 A your basic failure to a obey traffic sign. I've posted the text below.

    I did not cross a solid white line or the "gore" between the highway and the exiting lane. Thanks for your help...

    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.

    (b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).

  4. #4
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting EWYLTJ
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    It seems to me that if there was no solid line, then you were still allowed to change lanes.
    I would think that if there is a sign that states "Right Lane MUST Exit" (and I'll have to re-read tess' post) to see whether the lane changed occurred before or after the sign, the 21461 is in fact a violation.

  5. #5
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting That Guy
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    I would think that if there is a sign that states "Right Lane MUST Exit" (and I'll have to re-read tess' post) to see whether the lane changed occurred before or after the sign, the 21461 is in fact a violation.
    It was before the sign. Just, but still...I had not passed the sign before I merged and when I tried to explain that to the CHP, he cut me off and said, "I don't want to hear your explanation." And walked away with my paperwork to issue the ticket.

    His chief complaint was the way I merged--too abruptly for his taste--but he didn't cite me for reckless merging or whatever...

    Thanks.

  6. #6
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting tess4today
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    Further, I didn't want to just stop in the lane and wait for an opening.
    Good point, you could have been cited for impeding traffic.

    Quote Quoting tess4today
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    I actually thought about pulling over to the right to allow the tailgater to pass me but there was only the shoulder so I kept moving.
    Another good point; using the shoulder in a non emergency is also a violation.

    Quote Quoting tess4today
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    As soon as I saw an opening in the stopped traffic, I merged left. The tailgater followed.

    My point is: I did not cross a solid white line. I merged left crossing the broken white line and at the same point where the sign that reads RIGHT LANE MUST EXIT is posted. In other words, as soon as practicable and safe.
    Although practicable and safe are two requirements, the presence of that sign added a third absolute requirement.

    Quote Quoting tess4today
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    I was waved over by a CHP officer parked on the shoulder. He ignored the tailgater, of course: he probably never even saw him.
    Just so you know, and although they do, at times, pull over more than one driver, they are not obligated to do so…

    Quote Quoting tess4today
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    Problem is I only have my story, e.g., no proof of what happened.
    Your word against his, makes it tough for you to disprove your guilt… And only because the officer gains nothing by your being found "Guilty" while you might benefit from a "Not Guilty" finding by saving some money.

    Quote Quoting tess4today
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    I guess my only hope is that the issuing officer doesn't show up next week.
    So have you been arraigned yet? Did you enter a plea and next week is your trial or are you yet to enter a plea?

    If you are yet to enter a plea, the officer will not be in court next week. He will only appear if you have entered a plea of “Not Guilty” which means that your appearance next week is for your actual “Trial".

    If next week is your trial date, then it might be too late to do an "Informal Discovery Request". If next week is you arraignment then you might consider doing that which will afford you a look at the officer's notes about what he saw that day... Might help you prepare yourself for a better defense if you choose to fight this by opting with a "not Guilty" plea.
    Quote Quoting tess4today
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    I searched for something in the vehicle code or CA law that covers how soon a motorist has to actually obey such a sign. Could not find anything. Does anyone know if there is such language?
    I don’t know off hand but I will do a search as well… Point is, and with any sign (example: a STOP sign or a Speed Limit sign)… the verbiage of such is enforced as soon as you get to the sign or pass it. It doesn’t need any specific code section to explain it.

    Quote Quoting tess4today
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    It seems to me that if I had merged after passing that sign, then I would be guilty of not obeying it
    I agree…
    Quote Quoting tess4today
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    If however I merged as soon as I saw the sign, which due to traffic conditions and flow and to refrain from simply stopping in the lane, occurs just as my car was at the the sign, then I did in fact obey the sign.
    I disagree… Again, think of a STOP sign or better yet, a Speed Limit sign… If you are driving at 45mph as soon as you pass another sign reducing that limit to 35mph then you are already in a 35mph speed limit zone; continue at 45mph and you can get cited for being in violation of the 35mph zone.

    So as soon as you get to as Right Lane MUST Exit sign, then you have committed to staying in that lane and taking the exit. And let me add this… The dashed lines are there past the sign to allow traffic from the freeway to enter that particular lane; not for you to merge out from it.

  7. #7
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    Default Re: Failure to Obey Traffic Sign in California

    Thanks, That Guy, for your lengthy and considered reply. I really appreciate it.

    I've already entered a plea of Not Guilty at my arraignment and my trial date is this Tuesday.

    I guess since it's too late for discovery, I'll just hope the the CHP doesn't show up. They don't always. Otherwise, what can I do? Just tell my side of the story and hope for the best.

    Thanks again.

  8. #8
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    Default Re: Failure to Obey Traffic Sign in California

    Adding...

    Not to argue or try to prove anything but... Now you're saying:

    Quote Quoting tess4today
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    It was before the sign.
    While earlier, in your first post, you said:

    Quote Quoting tess4today
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    I merged left crossing the broken white line and at the same point where the sign that reads RIGHT LANE MUST EXIT is posted.
    So which is it???

    "where the sign was" which (in my opinion and by using the Speed Limit analogy) is still a violation...

    OR...

    Before the sign (like you stated in your second post)????

    Quote Quoting tess4today
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    I've already entered a plea of Not Guilty at my arraignment and my trial date is this Tuesday.



    Quote Quoting tess4today
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    I'll just hope the the CHP doesn't show up. They don't always.
    True, they don't always show... However, that is part of their job and the CHP has a strict about officer's not appearing. Also, I have seen one instance where the officer does not appear and the judge postponed the trial. Rarely happens (and it shouldn't) but it did.

    Quote Quoting tess4today
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    Otherwise, what can I do? Just tell my side of the story and hope for the best.
    My guess is you will be given the opportunity to take traffic school before the judge gets to the bench. $49 more and a fee to the traffic school, a few hours online and the citation is dismissed.

    You have the option to request traffic school after your trial as well, although most judges will not grant you that opportunity and they are under no obligation to tell you why.

    Quote Quoting tess4today
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    Thanks, That Guy, for your lengthy and considered reply. I really appreciate it.
    You're quite welcome... Wished I could have been a better help. Hang tight though, EWYLTJ did comment earlier and he may be back soon with something that I missing out on... You never know.

    Best of luck either way.

    ADDING some more...

    Whatever it is that might decide to do, leave out discrepancies such as the one I pointed out earlier. Most people are found guilty by virtue of saying too much, thereby incriminating themselves... So keep that in mind!

  9. #9
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting That Guy
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    Adding...

    Not to argue or try to prove anything but... Now you're saying:


    While earlier, in your first post, you said:



    So which is it???

    "where the sign was" which (in my opinion and by using the Speed Limit analogy) is still a violation...

    OR...

    Before the sign (like you stated in your second post)????
    Sorry for the confusion.

    This is precisely why I asked for specifics with regard to how soon one must obey a sign. I assume, due to the lack of language in the Code, that the standard of "reasonable" applies. This is not a STOP sign, painted, RED at an intersection that a motorist is coming towards. It is a B+W sign, under an overpass. I saw the sign and merged as soon as it was practicable and safe.
    I could not stop and then merge, otherwise, I would impede traffic behind me.

    I realize now that I will just have to exit in the future. But I just thought, as long as I had not passed the sign, I had every right to merge onto the highway and be on my merry little way. Evidently not. I stand corrected.

    I slowed considerably (from maybe 20 mph) while desperately searching for an opening in bumper-to-bumper traffic. I maintain that I merged before the sign and told that to the CHP officer. Beginning the merge before it and completing the merge just as my car was directly across from it.
    That's how I recall it.

    The CHP officer, however, simply wasn't interested in listening to anything I had to say, so I stopped talking. He complained about the method of my merging, which he seemed to take offense at. It was abrupt because there was a small window of opportunity for me to merge or risk getting into harm's way. This occurred in the morning, at rush hour, in the Bay Area, by the way.

    But to clarify: yes. I merged before the sign--just before it.

    There no way for me to prove it, however. It's my word against his. Frankly, I expected something along the lines of an unsafe lane change citation from the way he spoke to me and was surprised to find out that it was a Failure to Obey a Traffic Sign citation.

    Thanks for your help.

  10. #10
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    Default Re: Failure to Obey Traffic Sign in California

    Quote Quoting tess4today
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    This is not a STOP sign, painted, RED at an intersection that a motorist is coming towards. It is a B+W sign, under an overpass.
    It is still a "regulatory sign"... Just like a Speed Limit sign (which are also White with Black letters)... Not and advisory sign (which are usually Yellow with black letters) nor an informational sign (which are usually Green with white letters (like a Freeway Exit sign)).

    Quote Quoting tess4today
    View Post
    But to clarify: yes. I merged before the sign--just before it.
    Don't take my comments personally. I only pointed out a discrepancy that might serve you no help as you stand there before the judge. That's all!

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