Failure to Obey Traffic Sign -CA

[deconiv]

What is the name of your state?
Calfornia.

Ok, here's the story now: I thought about my possible defenses for this particular incident and it doesn't look good. Right now it's *just* (anything "just" is never good) Failure to obey traffic sign. If I try and defend my case, I incrimidate myself automatically and add Driving in the Wrong Direction (read story below). If I lose, I may end up having to pay for that infraction as well...so, should this be something I should fight or should I just plead guilty, swallow my pride and pay the bill?

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Dark and stormy 11pm, Southern California. Road conditions were wet, but not what I would consider flooded. I take the normal route home from work, which consists of some back streets. One particular back street crosses over railroad tracks. The tracks are being widened, so the typical road construction signs have been sitting in place for at least one year...."Bike Lane Closed" and "Construction Ahead". All fairly normal. I drive up the back street as I normally would and see two people on the right hand side who flash their flashlight. Policemen. I slow and the officer says "Slow down, the roads are wet. The road ahead is blocked, drive to the left." Pylons are guiding traffic from a usual 2 lanes to 1 lane. Eventually, maybe 50-70 yards later there is an intersection with several options.

1) Turn Left
2) Turn Right
3) Drive ahead (blocked by barrier)
4) U-turn
5) Oncoming traffic.

The street that I'm currently on is 2 lanes, then a center divide, then 2 lanes of oncoming traffic. I hesitate at the intersection, being the lead car and weigh my options. Pylons were as stated, guiding traffic to the left. Where normally one would go straight, there was a barricade. Slightly ahead and left of the barricade was a squad car, but no officers in sight. To turn right would be to navigate slightly around a pylon into a residential neighborhood. To turn left would take me into an apartment complex. As it looked like the pylons continued into oncoming, it looked as if the lane had naturally merged into oncoming.

Now as I see it, when there are obstructions in the road (debris, potholes, fallen tree, etc) California transportation department sometimes sees it fit to cordon off a piece of the road to navigate around something, for example they will turn a 2 lane road (1 lane each direction) into a single lane. This was my thought when the officer said that the road ahead was blocked and to drive to the left. As I near the crest of the hill I can see flashing lights also at the bottom, which I expected would be another squad car directing the other cars from that direction and directing me back into the regular lane. This was not to be, for the flashing lights were actually the lights of a tow truck hauling someone's car out of a muddy ditch that had accummulated during the freak SoCal storm. After a brief chat with the tow truck driver, he had finally told me what was actually going on, that the road was not blocked, but CLOSED to oncoming traffic and that I should make a u-turn. Point taken.

Upon making my U-turn, I come across the same cruiser parked in the same spot, this time greeted by different police officers than the one I had previously met. After another brief greeting, they had instructed me to pull over. I had inadvertantly "went around the barrier", thus "Failure to obey traffic sign". Only now they had seen it fitting to get out of their cruiser (or appear from wherever they had been) and have placed an officer in front of the cruiser to direct traffic to make a U-turn. At least 3 people at the intersection from the time I was stopped to the time they placed an officer there to direct traffic had stopped and motioned to the officer they were confused and to get a better understanding of the situation, where they should drive, etc.

What should I plead in this particular case? I believe (but would be hard to explain) that the first officer had given vague instructions on the situation ahead and that I had actually followed his directions to a "T": That being the order to "Drive to the left", which I had done. As this has been a particularly popular road and CalTrans is pretty on the ball with cleaning up road messes, the intersection is pretty clear of all former traces of this debacle. I was confused, as were other motorists as to the conditions of the road ahead and believe this to be just a case of the driver's misinterpretation of the officer's words, yet I know that won't hold any sort of weight in court. Any advice to how I should continue with this would be greatly appreciated....and flame all you want, I'm here because I need advice....it's not like this stuff happens to me every day. =)

btw: I have up until recently a pretty clean driving record. 1 non-fault accident and haven't had traffic school in years. I also have a pending red-light camera ticket. Should I save traffic school for this particular incident or the camera? What are some of the penalties of Failure to Obey? I know that paying the camera ticket is a pretty penny, but I'm sure Failure to Obey holds it's own jewels. Any help would be greatly appreciated!

*sorry for the unabridged version, I thought it would help explain things a bit.

[CdwJava]

Articulate it in court as you have here, and you may do well. Without the original officer to testify as to WHAT he told you, it may be kind of hard to convict you unless the cones were arranged in such a way as to unequivocally indicate that the road was closed.

However, having worked quite a few of these little events in my career, I can tell you that people very often drive around the barriers with little encouragement. I have had people try to cross raging rivers that were once cross streets because they live on the other side.

It will all depend on what is articulated in court, and, specifically which section you were cited for (there are a few that could apply here).

- Carl

[deconiv]

The particular was cvc 21367 (b). What type of fees/fines/etc are associated with Failure to Obey? Would this be like running a stop sign and paying a fee or is this driver's license death?

[CdwJava]

No, it should be (at most) a point on your license and a fine. Probably no more than $250.

Unfortunately, I don't have the time to look the details of the point and fine at the moment (on the way out for a bit), but it's not that bad.


21367. (a) As provided in Section 125 of the Streets and Highways
Code and in Section 21100 of this code, respectively, the duly
authorized representative of the Department of Transportation or
local authorities, with respect to highways under their respective
jurisdictions, including, but not limited to, persons contracting to
perform construction, maintenance, or repair of a highway, may, with
the approval of the department or local authority, as the case may
be, and while engaged in the performance of that work, restrict the
use of, and regulate the movement of traffic through or around, the
affected area whenever the traffic would endanger the safety of
workers or the work would interfere with or endanger the movement of
traffic through the area. Traffic may be regulated by warning signs,
lights, appropriate control devices, or by a person or persons
controlling and directing the flow of traffic.
(b) It is unlawful to disobey the instructions of a person
controlling and directing traffic pursuant to subdivision (a).
(c) It is unlawful to fail to comply with the directions of
warning signs, lights, or other control devices provided for the
regulation of traffic pursuant to subdivision (a).

- Carl

[deconiv]

Hey Carl, thanks for the point and fine info. I did do a little background check into the cvc and there weren't any references to the punishments, so that's why I was a little freaked out. Like I said, this stuff doesn't happen often...in fact, this is a first, but as the saying goes, there's a first time for everything.

Chances are that both officers, the arresting officer and the original one I talked to will both show up in court, so I'm going to need to bring in some solid evidence that backs up my claim to confusion. With little physical evidence left at the scene, would photos and a good explaination be enough? It'd still be a "he said/she said" situation. On the flip side, the barricade is gone too.....

Any ideas on how to make a solid statement? I didn't get the name of the tow truck driver, or what company he worked for and I had no witnesses to back me up. I did pass the intersection a couple times since I was ticketed and the pylons are still there, but are either on the sidewalk or on the center divide which would help in guess-timating whereabouts the pylons were on that rainy day, but the exact location would still be unknown.

Looking for tips on how to make a solid statement...

[RetiredMotor]

Check with the P.D., if they requested the tow truck it will be on the dispatcher's log. You will need the date, time and location to get the company name.

[deconiv]

bump. Reconsidering fighting this to just paying ticket because I may incrimidate myself. Should I still fight?

[CdwJava]

Originally Posted by deconiv

bump. Reconsidering fighting this to just paying ticket because I may incrimidate myself. Should I still fight?

If you didn't do it, of course you should fight.

But, if paying the cite and attending traffic school is a more efficient use of time and money for you, then by all means give it a go.

Nobody can make the decision for you, and none of us can predict which way the court might lean with your story.

- Carl