21651 (b) - help!

[Todd1138]

What is the name of your state? CA, los angeles

I just got popped for 21651 (b); I crossed into the middle lane (single yellow line), to enter the left turn lane. Unfortunately, before the left turn lane begins it has a double yellow running across it from top to bottom. Well, I crossed it. Apparently, 21651 (b) is a pretty big deal and is considered a misdemeanor. This means a court appearance is mandatory. Well, my scheduled court date is in October, like 5+ months away (just goes to show you how backed up and messed up LA is).
I did some research on the internet and it seems that 21651 (b) applies to driving the wrong way on a highway and doesn't seem to really apply to crossing a double yellow line on a road (i think I actually violated 21460 (a), but what do I know).

The following image illustrates what i did:
(go to)
[url]www.7zark7.netfirms.com[/url]


Does anybody have any advice on how I should proceed in court, or could you tell me how your case turned out? This whole thing is turning my stomach.

Thanks in advance.

[Hey There]

5-3-08

By typing in on Google Long Delay Before Arraignment in CAwebsites on the first page have information on asking for a dismissal due to a long period of time before arraignment.
In Ca. a driver can obtain copies of the officer's notes, a copy of the video if one was used, a copy of the front and back of the traffic ticket and where the officer was when he observed the alleged violation.
Information on Discovery can be found on the internet by typing in Discovery for Traffic Tickets on Google.
Typing in Help! I Got A Ticket! gives information on Discovery provides a form to send to the D.A . (or in L.A. the City Attorney.)
Thru an E:mail on this site an answer to questions about your citation can be had. This site also gives guidelines on how to fight a traffic ticket from the time the ticket is issued thru Appeal.
A book published by NOLO has detailed instructions on how to apply for Discovery and how to request Discovery from the citing officer and D.A.(or City Attorney in L.A.)The request must be signed by the driver, AND copies of the request MUST be mailed Certified, Return Receipt by a FRIEND, (OR hand delivered by the friend)
who gives proof of service to the driver which he retains for his records. Because the police dept. is where the information on a driver's citation is Discovery should be requested from the citing officer as well.
The above book also has information a driver can use to file for dismisal if Discovery isn't provided and provides the driver with information on to conduct a proper defence in court.
A Trial by Declaration can be filed in CA.
This is a written defence submitted by the driver.
Instructions and a form to do so can be downloaded from the above mentioned site, copied from the back of the book, or obtained from a court clerk.
It is preferrable to obtain Discovery before submitting the Trial by Declaration.
The advantage to this is that if the judge rules against the driver the driver can request a NEW TRIAL and a different judge if done within 20 days of the verdict.
Some lawyers will consult for free or a modest amount($50.00) on a one time basis . Lawyers who do this can be found in the yellow pages of a phone book.
It is somewhat tedious to fight a traffic ticket but it is a valuable learning experience on how the courts are run (at least the one in your area).
If possible, a driver should go to the court where his case will be held and observe how the judge rules on traffic cases.
If the officer fails to show up in court for a traffic ticket the case should be dismissed.

Good luck with this,
Hey There

[Todd1138]

Thanks a lot for all this great information! I'll be spending the weekend doing some due diligence. But being that this is a misdemeanor, I still have not ruled out consulting a traffic attorney since representing myself seems a bit daunting.

I'm still a bit stunned that what I did is considered such a crime. I see people do this same thing like 10 times a day.

Anyway, thanks again! I'll report back all decisions and progress that I make. Hopefully, It will help someone else in my unfortunate position.

[Zigner]

When you crossed the double yellow line, you WERE driving on the wrong side of the road.
Hey There has posted information on how to find some technicality to get this violation dismissed. However, once all that fails, you are back to square one.
You did, in fact, commit the violation (according to your own post). Whether or not others have committed this violation is in no way relevant to your citation. You should seek the advice of an attorney.

EDIT:
After looking more closely at the image you posted, you MAY have an argument that you were not in violation of the section cited. However, your image really needs to show more information to the left of what the image shows for me to make that statement as fact.

[CdwJava]

He was traveling the wrong way in a left turn lane for the other direction of traffic.

- Carl

[Todd1138]

Actually, I was not traveling in the wrong direction. I crossed into the middle lane (which had no double yellow, it was a single yellow) in order to get around traffic. Once my left turn lane came up, the double yellow crossed the middle lane perpendicularly.
At no point was I head on with traffic.

I reposted the picture, the red line is the direction I travelled (left to right), the yellow line is where the double yellow began.

Java, please realize that I initially did not cross a double yellow, it was a single yellow (the median lane). I really don't know how else to explain this to you...maybe I'm just not explaining properly.

Here is the reposted image:

[url]http://7zark7.netfirms.com/[/url]


My intention on this board is to learn from other peoples mistakes, and have others learn from mine! Since there is very little information or follow up on this topic, I figure I'll be the one to document it. That's my objective!

I plan to take a close-up picture of the spot that I will use in court. I'll post this in later days.

[CdwJava]

And, to be technical, that's a mutual turn lane and not a through lane. While I would not have likely issued a cite for it, the violation is possible.

But, bring it all to court and see what the judge has to say. That's really all you CAN do here.

- Carl

[Zigner]

You DID violate 21651 (I thought that Carl might have been correct in his assessment, which would have meant you didn't violate 21651 specifically...but your additional informations shows you violated 21651(b) (bolded below)

21651. (a) Whenever a highway has been divided into two or more
roadways by means of intermittent barriers or by means of a dividing
section of not less than two feet in width, either unpaved or
delineated by curbs, double-parallel lines, or other markings on the
roadway, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing
section.
(2) To make any left, semicircular, or U-turn with the vehicle on
the divided highway, except through an opening in the barrier
designated and intended by public authorities for the use of vehicles
or through a plainly marked opening in the dividing section.
(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.
(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.

[Zigner]

Originally Posted by CdwJava

He was traveling the wrong way in a left turn lane for the other direction of traffic.

- Carl

That's what I thought might be the case too, which is why I requested a better picture. Had he actually been just crossed over the line for a left turn lane, then he wouldn't have been in violation of 21651(b)...

[Todd1138]

OK, I guess all I can really do is take my chances with the judge.

I'll be contacting a traffic lawyer...

I'll let you all know how it all turns out...

See you all in October.

And thanks for everything!!

[Todd1138]

Just a quick update:

Last week, I reported to the arraignment date as scheduled. I didn't really know what to expect, since I've never been to court before. I was just hoping my case would be resolved/dismissed today. Well it wasn't.
The arraignment day is where you plead guity, not guilty, or no contest to the charges.. and only that. No evidence or explanation is presented to the judge on this day. Don't even try to...She (judge) quickly shut down first guy who even tried. The Baliff did announce to the court,at the beginning, that all cases being arraigned this day are now considered infractions. That means..the misdemeanor has been reduced for everyone. So now instead of my case going to criminal court, it'll go to traffic court.

See you in December.

[Todd1138]

Case was dismissed!

[Jim_bo]

Wow... you are going to break Zigner's heart!!!!

Can you provide any details on your dismissal?

[Todd1138]

The details...I hired a traffic attorney. I didn't even go to the traffic court date. They handled it. He called me when it over to say it was dismissed.

[Zigner]

Originally Posted by Todd1138

The details...I hired a traffic attorney. I didn't even go to the traffic court date. They handled it. He called me when it over to say it was dismissed.

Congratulations.