21461a "right lane must exit"

[sundeep]

California

Hi,

The short story is this.

I'm not from the area and don't know the freeway/exit situation where I got the ticket and only venture this way to take a class once a week. I usually follow a co-worker who knows the area, so that's why I don't know the route well.

Anyways, it was rush hour on the 405 north in Irvine, CA, and I got into an exit only lane thinking it was the exit I needed. Once I got far enough to where I could see it was one exit too early, I signalled and got back onto the freeway WITHOUT stopping in the exit lane or cutting anyone off, and right BEFORE the dashed line turned solid (I don't cross solid white lines). As I got into the exit only initially lane I noticed that a cop turned into the exit lane right behind me and by the time I signalled and got back on the freeway he was about a hundred yards or so behind. Once I mad the lane change he then sped up, cutting off the guy behind me , and pulled me over. I honestly didn't think it was illegal to get off the exit and back onto the freeway, because I wouldn't have done it knowing that there was a cop behind me. I got back onto the freeway BEFORE the line turned solid.

All my info on the ticket is correct so no fighting it there, and the violation is 21461a "Right lane must exit" I've seen some other message boards mention that there needs to be another violation stated and that this alone isn't enough.

Any thoughts or recommendations would be appreciated!

Thanks in advance.

 

[CdwJava]

The offense was not specifically for failing to exit, it was for disobeying the signs:

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.

It CAN be cited alone and does not have to be cited on a stop some other offense.

Apparently the officer had a different view or interpretation of your actions. You can go to court and say your piece, and the officer might have to admit that he did not have a good view of your position. Perhaps the officer won't show up, either. You might also be eligible for traffic school to avoid the points on your license and likely increases in insurance premiums.

- Carl

 

[sundeep]

My thing is this, following the letter of the law, I guess I "must exit" since I was in the right lane, but it really was an honest mistake.

I don't mind paying a fine at all, I would really hate wasting a Traffic School for such a minor, nit-picky thing, and not being able to go for a year and a half.

Do you think I could go to court and ask the judge to reduce the violation to a non-traffic type thing and avoid the whole "point on the DMV/traffic school" dance? The fine is not the biggest issue with me, it's the fact that I couldn't go to traffic school for a year and a half should I somehow get another ticket.

Thanks again!

 

[CdwJava]

You can ASK ... but the judge may not bite.

Another option is to speak to the DA. However, it tends to be only the smaller counties that have a DA available to make such deals, and usually only on the day of court.

- Carl

 

[Pugilist]

Plead not guilty. You have a better than 50% chance that the officer will not show up at the trial. If he doesn't show up, the case will be dismissed.

Pug

 

[CdwJava]

Plead not guilty. You have a better than 50% chance that the officer will not show up at the trial. If he doesn't show up, the case will be dismissed.

A caveat: Maybe in Pug's local court it's better than 50%. In most places it is not that high. And the CHP officers have a higher attendance rate than local police, which have a higher attendance than the local sheriff's departments. In my county and the surrounding counties, the attendance is quite high - here it's over 90%.

So, the crap shoot might be worth it, but don't assume it's equal to a coin toss.

- Carl