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21651 crossing a divided highway - California - Santa Clara county

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Zigner

Senior Member, Non-Attorney
Where the pin is and given the initial description of the incident in his first post, I'd not characturize it as 2' (not even wider than the line).
Fair enough - The OP would need to clarify.

I'd argue the on ramp is not a divided off section of the same highway. This statute is designed (based on the heading) to apply to barriers dividing the highway not gores and other things at intersecting roadways.
I respect your opinion, but disagree. The heading "Article 1. Driving on the Right Side" includes a number of things that aren't related to driving on the "right" side of the road - read all the sections (21650-21664) and you'll see what I mean, but as an example, check out 21658:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.


The point I'm making is that 21658 falls under "Article 1. Driving on the Right Side" and speaks to something different.
 


not2cleverRed

Obvious Observer
Might I also point out that although in the situation, as described by OP, the infraction sounds trivial, none of us were there to witness what actually happened.

Many among us have committed this exact or similar infractions, even in front of police, without being cited. A component that goes into whether or not one is cited is whether or not the infraction appears a tad reckless to the observer, I suspect. Perhaps there was something omitted in OP's description, that would put the citation in clearer light.
 

Zigner

Senior Member, Non-Attorney
Might I also point out that although in the situation, as described by OP, the infraction sounds trivial, none of us were there to witness what actually happened.

Many among us have committed this exact or similar infractions, even in front of police, without being cited. A component that goes into whether or not one is cited is whether or not the infraction appears a tad reckless to the observer, I suspect. Perhaps there was something omitted in OP's description, that would put the citation in clearer light.
There are several things that I do that I KNOW are contrary to the vehicle code. Generally, they are done because the local traffic pattern has adjusted to offset the subpar traffic engineering choices made by the various cities I travel through. The main one being entering the painted center "island" area early. This is done because that particular city has allowed for about 3 cars in a turn lane that is almost always backed up with 15-20 (or more) cars. Another one that I do constantly is crossing a double-yellow line. That's because my home town decided it would be a good idea to paint a double-yellow line for about 40 feet prior to a stop sign. Problem is that when there are legally parked cars on both sides, there is only about 12 feet total remaining in which to drive. I'm putting together a letter and photos for the city on that one...
 

not2cleverRed

Obvious Observer
There are several things that I do that I KNOW are contrary to the vehicle code. Generally, they are done because the local traffic pattern has adjusted to offset the subpar traffic engineering choices made by the various cities I travel through. The main one being entering the painted center "island" area early. This is done because that particular city has allowed for about 3 cars in a turn lane that is almost always backed up with 15-20 (or more) cars. Another one that I do constantly is crossing a double-yellow line. That's because my home town decided it would be a good idea to paint a double-yellow line for about 40 feet prior to a stop sign. Problem is that when there are legally parked cars on both sides, there is only about 12 feet total remaining in which to drive. I'm putting together a letter and photos for the city on that one...
Exactly.
 

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