CVC 21461(a) Keep off Tracks

[fredkatus]

What is the name of your state? CA

I live in SF. Normally, I go through the park to get to work, but because of the rain, the entrances I usually take were blocked off. Because of no left turns onto the main street, I had to backtrack and go through the smaller streets, hoping to make a left turn. I was following the MUNI streetcar on left lane. However, this particular street also had many no left turn signs (from 7-9 a.m.). By the time I realized that I couldn't make a left turn on the street I needed to in order to get through the park, I was stuck because I couldn't go onto the right lane, either (because of the pedestrian island that was in the way). In order to get to the right lane, I had to continue following the streetcar and wait for an opening. Of course, by then, there was a police cruiser behind me...(and at the point where I actually pulled over was the sign "Keep off raised tracks"; however, when I first got into the lane, there wasn't a sign and the tracks weren't raised.)

I received cvc 21461(a) & want to contest it, but I'd like to know my chances and if it's a good idea. Recommendations?

 

[seniorjudge]

What is the name of your state? CA

I live in SF. Normally, I go through the park to get to work, but because of the rain, the entrances I usually take were blocked off. Because of no left turns onto the main street, I had to backtrack and go through the smaller streets, hoping to make a left turn. I was following the MUNI streetcar on left lane. However, this particular street also had many no left turn signs (from 7-9 a.m.). By the time I realized that I couldn't make a left turn on the street I needed to in order to get through the park, I was stuck because I couldn't go onto the right lane, either (because of the pedestrian island that was in the way). In order to get to the right lane, I had to continue following the streetcar and wait for an opening. Of course, by then, there was a police cruiser behind me...(and at the point where I actually pulled over was the sign "Keep off raised tracks"; however, when I first got into the lane, there wasn't a sign and the tracks weren't raised.)

I received cvc 21461(a) & want to contest it, but I'd like to know my chances and if it's a good idea. Recommendations?

Okay, let me boil this down: You were driving on the raised tracks and got a ticket.

My advice: Plead guilty.

 

[Zigner]

What is the name of your state? CA

I live in SF. Normally, I go through the park to get to work, but because of the rain, the entrances I usually take were blocked off. Because of no left turns onto the main street, I had to backtrack and go through the smaller streets, hoping to make a left turn. I was following the MUNI streetcar on left lane. However, this particular street also had many no left turn signs (from 7-9 a.m.). By the time I realized that I couldn't make a left turn on the street I needed to in order to get through the park, I was stuck because I couldn't go onto the right lane, either (because of the pedestrian island that was in the way). In order to get to the right lane, I had to continue following the streetcar and wait for an opening. Of course, by then, there was a police cruiser behind me...(and at the point where I actually pulled over was the sign "Keep off raised tracks"; however, when I first got into the lane, there wasn't a sign and the tracks weren't raised.)

I received cvc 21461(a) & want to contest it, but I'd like to know my chances and if it's a good idea. Recommendations?

Okay, let me boil this down: You were driving on the raised tracks and got a ticket.

My advice: Plead guilty.

When all else fails - look for JiminCA!

 

[fredkatus]

JiminCA

What/Who's that?

 

[Zigner]

What/Who's that?

He (and Hey There) give information on procedural processes that you can fall back on to try to trip up the state, thus getting your charges thrown out based on procedural errors. Can't speak to whether they are effective or not, but he claims they are.

 

[JIMinCA]

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.

This is what you have been accused of violating. Maybe you should go back to confirm, but it there was no sign up to the point that your ticket describes as the location of violation, then you did not violate the code. Maybe a few pictures, a quick hand drawn map and a trial by written declaration could make this go away.

 

[fredkatus]

Thanks for the recommendations...they were very helpful

I went back through the same streets to the point where I pulled over...there were signs on the right saying diamond lane is for left turns and MUNI and signs saying no left turns between the hours of 7-9 a.m. (except sat and sun), but no signs regarding keeping off the tracks, and the tracks weren't raised.

 

[JIMinCA]

So.... what are you going to do?

 

[fredkatus]

Well, I haven't completely figured it out step-by-step, but I'm going to contest the ticket. I'm going to go back to those streets, take pictures of the signs and of the streets, schedule a court date, pray that the police officer doesn't show up, but I'll try to be as prepared as I can if he does. Anything else I should know about?

 

[Hey There]

The Ball is in your court

2-1-08
fredkatus

If a driver needs more time to prepare his case he can always call the court clerk and ask for a contenuance which is usually granted. It's best to have confirmation of the new court appearance date.

In CA. a driver cited for a traffic violation can ask for Discovery.Penal Code 1054.1 searched on Google verifies this right.
Discovery
is a simple request by the driver for a copy of the officer's notes,a copy of the Video if one was taken,a copy of the front and back of the traffic ticket, and other evidence the officer plans to present in court.
A one page Discovery form can be downloaded from Help! I Got A Ticket! as well as a Proof of Service form.
A book on fighting traffic tickets published by NOLO which should be available at a local library has both forms in the back of the book which can be copied.
The driver fills out the Informal Discovery Request and has a FRIEND put a copy of the driver's request in an envelope and mail it certified, return receipt requested to the D.A.(or city attorney in some Ca. cities) and to the police agency if the driver feels more secure that his request will be honored by notifying both agencies.
The friend fills out a proof of service which he gives to the driver to keep in his records.
If Discovery isn't complied with in 15 days on receipt of the request, the driver can ask for a hearing to dismiss his case or preclude the officer's testimony , or provide the information that was requested with monetary sanctions to the driver.
More detailed information on Discovery can be obtained from the website and book mentioned above which my information is based on. Typing in Discovery for Traffic Tickets on Google gives details on Discovery as well, but without the forms to fill out.

Maybe pictures, a drawing, and a Trial by Declaration would make this go away as JIMinCA. states.
In a Trial by Declaration the driver presents evidence why he didn't violate the Vehicle Code he was charged with. The officer states why he did. The judge decides. If the driver is ruled against, the driver can request a NEW TRIAL with a different judge.
(Sources: Help! I Got A Ticket! and the book published by NOLO
have a form and instructions for submitting a Trial by Declaration.
If the Trial by Declaration isn't dismissed then the driver can refer to chapters 11 and 12 on how to prepare for and how to present a defence at trial or refer to instructions on the website .
Speeding Ticket--Fighting or Plea Bargainingis is another site I have found to be informative. It lists a driver's rights, when to object ,when to cross-exam ,and how to make a closing statement at trial.At the bottom of the page by clicking on Table of Contents, then S-6 and S-7 court procedures that apply to all drivers are explained.

Best Regards,
Hey There

 

[fredkatus]

Wow, thanks so much! When I got the first reply to this thread, I was so discouraged. But all of other posts have given me hope. Thanks for everything! I'll let you all know how it turns out. *fingers crossed*

 

[JIMinCA]

Wow, thanks so much! When I got the first reply to this thread, I was so discouraged. But all of other posts have given me hope. Thanks for everything! I'll let you all know how it turns out. *fingers crossed*

I understand how you feel. There are a few posters on here that respond to a request for advice on a defense as "you did it... just plead guilty and pay your fine like a man".

Good luck to you and congratulations on the recognition that cops make mistakes.