Ticket for CVC 22101 d in CA -- help!

So yesterday I was in a little bit of a hurry and I was going to catch a green light and turn left to take a different route at 4 way intersection controlled by traffic signal lights. I sped up a bit (but not enough to get a ticket) but then the light turned yellow quickly before I could turn, so I slammed on my brakes, not wanting to run a red. The traffic that was to the right of me, going straight in the direction I wanted to go had a little break for me to slip in and continue. So I accelerated and got in a gap I found while the light was still green. It wasn't a subdivision, it was in the middle of Folsom, which isn't a huge city.

Then a cop pulled me over and since I didn't run the light.. he found something else to write me up for which was CVC 22101 d and it says..

Code 22101 d
"(a) The Department of Transportation or local authorities in respect to highways under their respective jurisdictions, may cause official traffic control devices to be placed or erected within or adjacent to intersections to regulate or prohibit turning movements
at such intersections.
(b) When turning movements are required at an intersection notice of such requirement shall be given by erection of a sign, unless an additional clearly marked traffic lane is provided for the approach to the turning movement, in which event notice as applicable to such additional traffic lane shall be given by any official traffic
control device.
(c) When right- or left-hand turns are prohibited at an intersection notice of such prohibition shall be given by erection of a sign.
(d) When official traffic control devices are placed as required in subdivisions (b) or (c), it shall be unlawful for any driver of a vehicle to disobey the directions of such official traffic control devices."

I see people do the same thing I did all the time and cross the white lines, etc. So any help to explain maybe how I can fight this.. because it's ridiculous! And I saw somewhere that the fine was $1000?

Help!

mespunko said:

So yesterday I was in a little bit of a hurry and I was going to catch a green light and turn left to take a different route at 4 way intersection controlled by traffic signal lights. I sped up a bit (but not enough to get a ticket) but then the light turned yellow quickly before I could turn, so I slammed on my brakes, not wanting to run a red. The traffic that was to the right of me, going straight in the direction I wanted to go had a little break for me to slip in and continue. So I accelerated and got in a gap I found while the light was still green. It wasn't a subdivision, it was in the middle of Folsom, which isn't a huge city.

Then a cop pulled me over and since I didn't run the light.. he found something else to write me up for which was CVC 22101 d and it says..

Code 22101 d
"(a) The Department of Transportation or local authorities in respect to highways under their respective jurisdictions, may cause official traffic control devices to be placed or erected within or adjacent to intersections to regulate or prohibit turning movements
at such intersections.
(b) When turning movements are required at an intersection notice of such requirement shall be given by erection of a sign, unless an additional clearly marked traffic lane is provided for the approach to the turning movement, in which event notice as applicable to such additional traffic lane shall be given by any official traffic
control device.
(c) When right- or left-hand turns are prohibited at an intersection notice of such prohibition shall be given by erection of a sign.
(d) When official traffic control devices are placed as required in subdivisions (b) or (c), it shall be unlawful for any driver of a vehicle to disobey the directions of such official traffic control devices."

I see people do the same thing I did all the time and cross the white lines, etc. So any help to explain maybe how I can fight this.. because it's ridiculous! And I saw somewhere that the fine was $1000?

Help!

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The "subdivision" refers to a section of the code.

You clearly violated the CVC section that you posted. But, I *do* agree that it's ridiculous that drivers think they can just pull out of their left turn lane to go straight like you attempted to do.

The "i was the unlucky duck in the flock" defense wont work.

Presuming no prior moving violations, they'll squeeze ya for about 180 + if you want Traffic School ... another $49

Zigner said:

But, I *do* agree that it's ridiculous that drivers think they can just pull out of their left turn lane to go straight like you attempted to do.

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Why do you think that people can't pull out of left turn lanes?

if you crossed a solid white line then you likely are going to be found guilty; re-visit the intersection and post pics ... maybe someone will chime in with advice

If you had completely turned OUT of the lane with the indicated left turn signage before entering the intersection, you should be okay ... if you entered the intersection from the dedicated left turn lane and then went straight, your likely done.

wrongsometimes said:

if you crossed a solid white line then you likely are going to be found guilty; re-visit the intersection and post pics ... maybe someone will chime in with advice

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Crossing a single solid white lines is legal.

Crossing a double solid while line is not.

Check the Manual of Uniform Traffic Control Devices.
FHWA - MUTCD - 2003 Edition Revision 1 Chapter 3B


And California version of the same: Section 3B.04
http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/pdf/camutcd2010/Part3.pdf

Standard:
Where crossing the lane line markings with care is permitted, the lane line markings shall consist of a normal broken white line.

Where crossing the lane line markings is discouraged, the lane line markings shall consist of a normal solid white line.

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Standard: Where crossing the lane line markings is prohibited, the lane line markings shall consist of two
normal solid white lines.

Click to expand...

CdwJava said:

If you had completely turned OUT of the lane with the indicated left turn signage before entering the intersection, you should be okay ... if you entered the intersection from the dedicated left turn lane and then went straight, your likely done.

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Then this would be a lane change in the intersection, would it not? Lane changes in the intersection are not illegal when done with care.

jwissick said:

Then this would be a lane change in the intersection, would it not? Lane changes in the intersection are not illegal when done with care.

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However, since he had passed through the lane which indicated a left turn, changing direction would be a violation of 22101(d). Hence the reason I asked whether the turn occurred before entering the intersection through the lane that mandated a left turn as indicated.

CdwJava said:

However, since he had passed through the lane which indicated a left turn, changing direction would be a violation of 22101(d). Hence the reason I asked whether the turn occurred before entering the intersection through the lane that mandated a left turn as indicated.

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Even then, I believe you may be in error.

Please look at these two pages at the Manual on Uniform Traffic Control Devices web site.


FHWA - MUTCD - Pavement Markings Tutorial

FHWA - MUTCD Pavement Markings Quiz

This states that even when enclosed by a solid white line in a right turn only lane, you can still leave the lane. And if done in the intersection, it can still be viewed as a lane change in the intersection, which isn't illegal when done safely.

Once you have entered the intersection through the lane that indicates a left turn, you are (arguably, I presume) obligated to make that turn as directed.
The OP can certainly argue his case with the court, but we are not talking about markings but actions taken in obedience with the specific signage. He entered a line that required a left turn, he passed through and into the intersection and then failed to make the turn as required by the signage. Had he exited the lane (safely) while still within the white lane markings he could well have be okay ... not after passing through.

But, he can make whatever argument he wishes to the judge.

jwissick said:

Even then, I believe you may be in error.

Please look at these two pages at the Manual on Uniform Traffic Control Devices web site.


FHWA - MUTCD - Pavement Markings Tutorial

FHWA - MUTCD Pavement Markings Quiz

This states that even when enclosed by a solid white line in a right turn only lane, you can still leave the lane. And if done in the intersection, it can still be viewed as a lane change in the intersection, which isn't illegal when done safely.

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If what you are saying is true, then why does a code, such as the one the OP was cited with, exist? For the record, I do not believe that MUTCD is exactly the law, but merely the guide from which the law should be formed. Also, MUTCD is a set of FEDERAL guidelines, and states are allowed to make laws that are more restrictive than such guidelines.

The Occultist said:

If what you are saying is true, then why does a code, such as the one the OP was cited with, exist? For the record, I do not believe that MUTCD is exactly the law, but merely the guide from which the law should be formed. Also, MUTCD is a set of FEDERAL guidelines, and states are allowed to make laws that are more restrictive than such guidelines.

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However, CA state law has adopted it as the standard by which we try to abide.

This instance is not so much about the signage as it is actions in obedience to the signage.

The Occultist said:

If what you are saying is true, then why does a code, such as the one the OP was cited with, exist? For the record, I do not believe that MUTCD is exactly the law, but merely the guide from which the law should be formed. Also, MUTCD is a set of FEDERAL guidelines, and states are allowed to make laws that are more restrictive than such guidelines.

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There is also the California MUTCD. It has virtually the same verbiage as the Federal version on this issue. In addition, states are required to adopt the fed version within 2 years of publication.

CVC 22101

(d) When official traffic control devices are placed as required in subdivisions (b) or (c), it shall be unlawful for any driver of a vehicle to disobey the directions of such official traffic control devices.

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Why does this code exist? I would suspect that it was intended to apply to a NO TURN ON RED violation sign, or ignoring a NO LEFT (or RIGHT) TURN sign, No Left Turn Specific Hours, In addition, there are many laws on the books that are obsolete. For instance, did you know at 14 year old can have a drivers license? Not a learner's permit, but a drivers license that allows the 14 year old to drive a car alone.


I am not the OP, but I am fighting this same violation at the moment. At my intersection, there is a red left arrow opposite the intersection, which is preceded by a louvered circular red light in the island (but is so far before the limit line it can't be seen by the first few cars waiting at the light and I was the first car at the limit line so there is no way I could see it as it was literally be behind me), and NO signs prescribing turns. There is a white left pavement arrow and a solid white line on the outside of the turn lane, but does no enter the intersection.

The signal skipped me in the sequence. There was a green light in the lane next to me going straight and no traffic. I made a safe controlled lane change and went straight on the green light.

The red arrow falls under CVC 21453 (c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.

I underlined the relevant section that takes the red arrow out of the equation.

21453. (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).

As the circular red light was behind me, I could not be facing it, so it doesn't prevent me from my movement.

I already filed by TBD so I will let ya all know what happens.....

jwissick said:

I already filed by TBD so I will let ya all know what happens.....

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Please do! I have no problem being wrong, I just wanna know why!