Wrong way on a one way street = misdemeanor??

sba55

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sba55
After 0 tickets in the last 5 years, I finally got caught. I parked close to an intersection and the intersecting street turned out to be one-way. Somehow, I missed that, probably because I had just gotten in the car and was 10 feet away from that standard right turn and because there was absolutely no one else driving on that 4 lane road.

Anyways, it just so happened that there was some sort of police activity a block away, so there was no shortage of police. After I turned onto that one way street, I pretty much immediately realized what had happened and was turned around in less than 15 seconds - only to be pulled over by 3 police cruisers.

Now the interesting bit - I did get a ticket, but I don't think the section I was cited (CA VC 21651(b)) for applies to what I did. The section talks about divided highways (I wasn't on a divided road, and certainly not a highway), and it says:

(b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.

Furthermore, it sound like this violation results in a misdemeanor charge, even though the officer checked the 'traffic' and 'infraction' boxed on the ticket.

So - any ideas what would be the best thing to do? I don't want to plead guilty by paying the fine for a violation that I didn't commit.

-Felix
 
So - any ideas what would be the best thing to do? I don't want to plead guilty by paying the fine for a violation that I didn't commit.
This is one of those cases where $500 for a lawyer may be well worth it by the time you figure premium increases over the next three to five years.

Some insurance companies give you a break on a single ticket; some don't. Progressive out of Colorado got so bad, they automatically assumed any non-moving violation was a reduction from a moving violation and upped your premiums anyway.
 
I got pulled over at my driveway tonight but didn't get a ticket. I live on a semi-rural 2 lane county road and my mailbox is alongside the road just to the left of my driveway looking towards the road. I often pull into my driveway then back onto the shoulder facing the "wrong" way (the lane adjacent to me on the shoulder has traffic moving opposite the way my car is facing) and pull up alongside the mailbox to get my mail and paper. I'd just dumped the mail on the seat and backed up 20 ft so I could pull into the driveway when a sheriff's deputy pulled in front of me with his flashers on. He said that "parking the wrong way on the road was a moving violation". First I can't see how "parking" can be a moving violation and besides that I didn't park, I had the engine running the whole time. And technically, most of my car was actually in the apron of my driveway the whole time, only the front 5 ft of the car was beyond that.

Now maybe he either meant to say that backing up on the shoulder is a moving violation but since I didn't actually get a ticket (he took my license and insurance card back to the squad then returned them after telling me not to do this again. He said the reason for the statute is that having cars on the wrong side of the road "confuses" other drivers and causes accidents.
 
See Lance, you gotta come back with "it only confuses the dumb drivers who we need to get rid of anyway."
 
Now the interesting bit - I did get a ticket, but I don't think the section I was cited (CA VC 21651(b)) for applies to what I did. The section talks about divided highways (I wasn't on a divided road, and certainly not a highway), and it says:

(b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.

-Felix

The term "highway" can mean any public roadway. Depends on the definitions in the code.
 
The term "highway" can mean any public roadway. Depends on the definitions in the code.
Thanks, that's helpful. I did look up the definition of highway in the VC and it does appear like it includes every public street.

Still, somehow this doesn't make sense. The street was a one way street, and not a divided highway. Maybe I'll get a lawyer for this one....who'd have thought that an accidental right turn can cause this much hassle...

-Felix
 
I got pulled over at my driveway tonight but didn't get a ticket. I live on a semi-rural 2 lane county road and my mailbox is alongside the road just to the left of my driveway looking towards the road. I often pull into my driveway then back onto the shoulder facing the "wrong" way (the lane adjacent to me on the shoulder has traffic moving opposite the way my car is facing) and pull up alongside the mailbox to get my mail and paper. I'd just dumped the mail on the seat and backed up 20 ft so I could pull into the driveway when a sheriff's deputy pulled in front of me with his flashers on. He said that "parking the wrong way on the road was a moving violation". First I can't see how "parking" can be a moving violation and besides that I didn't park, I had the engine running the whole time. And technically, most of my car was actually in the apron of my driveway the whole time, only the front 5 ft of the car was beyond that.

Now maybe he either meant to say that backing up on the shoulder is a moving violation but since I didn't actually get a ticket (he took my license and insurance card back to the squad then returned them after telling me not to do this again. He said the reason for the statute is that having cars on the wrong side of the road "confuses" other drivers and causes accidents.

Since you didn't get the ticket, guess it doesn't matter, but what bugs me when people do what you did is where headlights shine at night. I don't care during the day unless someone pulls across the road right in front of me (which they have). Headlights are set to the right to not go into oncoming traffic. When someone parks on the wrong side, oncoming drivers can be blinded by those lights. Heck, I've even had folks do it with their brights on, but I know your more considerate than that <g>.

These rules seem to be promulgated to address folks that do stupid stuff like I mentioned above. I don't know why he'd bother you if it was unobtrusive.

I got a ticked for turning right on red once at 1:00 O'clock in the morning with no traffic--none. New officer that was enforcing the letter of the law. I had stopped at several consecutive dumb lights (that didn't detect traffic). Finally got to where I could turn right and get home and she pulled me over (it did say no right turn on red). I appeared in court and explained I had the ability to reason and that light didn't. Officer confirmed there was no traffic. It was dismissed but a real PITA.

Best,

Dave
 
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If any piece of your vehicle is in the lane, your vehicle is in the lane. Same goes for the shoulder. Plus, there is an easement onto your property that is still technically the public right of way.

Any cyclist who has been hit by a car (like me) will tell you that from experience :)

I will never understand traffic law. At best, it seems like a hodgepodge of addendums, corrections, bandaids, and sidenotes, bastardizing the letter and spirit of the law, that have been inserted at various times to make tickets stick.

IANAL, so don't take this as legal advice, or as the assertion that I know what I am talking about :D
 
Some insurance companies give you a break on a single ticket; some don't.

California has a statutory 1 point grace for the "Good driver discount". Since they fall off at 3 years, and you can traffic school one every 18 months, you can, on average, get 1 ticket per year and still be a "Good Driver".

--Carlos V.
 
What does subsection (c) say?
Section (c) makes things even worse:

(c) Any willful violation of subdivision (b) which results in injury to, or death of, a person shall be punished by imprisonment in the state prison, or imprisonment in a county jail for a period of not more than six months.

Somehow, I really doubt that the "divided highways" section applies here at all. It's just not consistent. Hey, I've never been to traffic court. Maybe I'll show up..with an attorney.

-Felix
 
After 0 tickets in the last 5 years, I finally got caught. I parked close to an intersection and the intersecting street turned out to be one-way. Somehow, I missed that, probably because I had just gotten in the car and was 10 feet away from that standard right turn and because there was absolutely no one else driving on that 4 lane road.

Anyways, it just so happened that there was some sort of police activity a block away, so there was no shortage of police. After I turned onto that one way street, I pretty much immediately realized what had happened and was turned around in less than 15 seconds - only to be pulled over by 3 police cruisers.

Now the interesting bit - I did get a ticket, but I don't think the section I was cited (CA VC 21651(b)) for applies to what I did. The section talks about divided highways (I wasn't on a divided road, and certainly not a highway), and it says:

(b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.

Furthermore, it sound like this violation results in a misdemeanor charge, even though the officer checked the 'traffic' and 'infraction' boxed on the ticket.

So - any ideas what would be the best thing to do? I don't want to plead guilty by paying the fine for a violation that I didn't commit.

-Felix

All public roads are considered and termed as highways under the law.
 
Section (c) makes things even worse:

(c) Any willful violation of subdivision (b) which results in injury to, or death of, a person shall be punished by imprisonment in the state prison, or imprisonment in a county jail for a period of not more than six months.

Somehow, I really doubt that the "divided highways" section applies here at all. It's just not consistent. Hey, I've never been to traffic court. Maybe I'll show up..with an attorney.

-Felix

Jeez-e-pete people, it's a freakin traffic ticket, it'll cost $120 at most to just freakin pay it. You turned the wrong way down a oneway street, ok. Either just pay the fine, or take a day off work, go before the judge and say "Your honor, I'm sorry, I didn't see the one way sign until the last moment, due to traffic behind me, I had to complete the turn off, and I was immediately turning around to correct my mistake." and you'll end up with at most about $55 in court costs unless it happenned in Louisiana. The next option is to show up in court plead "not guilty", get your next court date, take that day off show up, and in my experience you stand a 90% likelyhood the cop who issued the ticket won't show and the judge will declare "Dissmissed due to lack of prosecution, next case".
 
Jeez-e-pete people, it's a freakin traffic ticket, it'll cost $120 at most to just freakin pay it. You turned the wrong way down a oneway street, ok. Either just pay the fine, or take a day off work, go before the judge and say "Your honor, I'm sorry, I didn't see the one way sign until the last moment, due to traffic behind me, I had to complete the turn off, and I was immediately turning around to correct my mistake." and you'll end up with at most about $55 in court costs unless it happenned in Louisiana. The next option is to show up in court plead "not guilty", get your next court date, take that day off show up, and in my experience you stand a 90% likelyhood the cop who issued the ticket won't show and the judge will declare "Dissmissed due to lack of prosecution, next case".

I wish it was that easy. The one time I got a ticket I thought was truly unfair, I went to fight it without a lawyer and after explaining the story got a very condescending "Thank you for coming in to learn about our legal system today" from the judge. I also was very unhappy with the prosecutor's attitude, he seemed to think I should know every little procedure but I'm not a habitual offender, so... :mad:
 
I'd certainly recommend consulting with an attorney, just to make sure it IS an administrative thing and not a criminal misdemeanor. Then you'll have enough knowledge to make a good decision on whether to fight it or pay it.
 
Alright, thanks for the advice everybody. Thanks to my company's legal plan, it doesn't cost me anything to talk to an attorney, so I think I will. Can't hurt.

-Felix
 
Alright, thanks for the advice everybody. Thanks to my company's legal plan, it doesn't cost me anything to talk to an attorney, so I think I will. Can't hurt.

-Felix

I think you need Cochrane and Shapiro for this one....
 
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