When Can You Disobey a Street Sign or Signal?

February 16, 2022 Post a Comment

Vehicle Lawmaking 38300 CVC is the California statute that makes information technology an offense for a driver to disobey whatsoever traffic sign, bespeak, or traffic control device that is lawfully placed by federal, state, or local government. Some examples of "signs, signals, and devices" are cease signs, speed limits, and "exercise non enter" signs. This section empowers government to employ signs and signals to warn and guide traffic.

Note that officers typically write this department as 38300 CVC or 38300 VC as shorthand for the California Vehicle Code.

38300 CVC states that "information technology is unlawful for the commuter of any vehicle to disobey any sign, indicate, or traffic control device placed or maintained pursuant to Section 38280." A violation of the police is an infraction that will issue in a traffic ticket and a DMV point.

Examples

driving a motor vehicle through a stop sign or red light.
making a correct turn at an intersection where a sign is posted that prohibits such a turn.
operating an off-highway vehicle on a section of road when done contrary to proper traffic signage.

Defenses

A defendant can heighten a legal defense to contest a moving violation under this law. Common defenses include the defendant showing that:

a ticket was the result of constabulary error,
a sign or signal was not "official," and/or
there was an emergency.

Penalties

A California criminal offence tin can exist charged as an infraction, misdemeanor, or a felony.

A violation of California Vehicle Code 38300 is charged as an infraction.

A conviction results in:

a fine, and
the DMV putting one signal on the motorist'southward driving record.

A problem with points is that if they accrue to a certain level, inside a 1-, 2- or iii-twelvemonth period, the DMV tin can append or revoke the motorist's driving privileges. The Section tin can even declare him/her a negligent operator.

Our California motorcar accident attorneys will talk over the following in this article:

speeding car past stop sign as an example of a violation of CVC 38300

Vehicle Code 38300 CVC makes it illegal to disobey a finish sign.

1. What is a traffic offense under CVC 38300?

According to this statute, information technology is an criminal offense for any driver to disobey a sign, bespeak, or traffic control device that is lawfully placed by federal, country, or local authorities.ⁱ

Examples of "signs, signals, and devices" include:

yield signs,
stop signs,
pedestrian crossing markings,
speed limit posts,
school zone markings,
traffic control lights,
railroad crossing signs,
plow restrictions, and
do not enter signs.

Note that this statute applies to signs and signals placed pursuant to CVC 38280.²

This code section is the Country law that allows federal, state, and local authorities to use signs and signals to warn and guide traffic.³

All of this ways that it is a offense for a motorist to disobey any sign, indicate, or device that is lawfully placed by the proper government for traffic purposes. It is not an offense, then, for a driver to disobey a sign that is posted by another entity, like a private business.

ii. How can a person fight the citation?

Defense lawyers, and law firms, use several legal strategies to claiming accusations nether this statute. These include showing that:

the police made an fault in issuing a ticket.
there was no "official" sign or signal.
there was an emergency.

2.1. Mistake in constabulary judgment

Sometimes law brand judgmental errors when observing the events leading upwards to a ticket. For example, it is quite possible that government simply "got information technology wrong" when they say that a motorist disobeyed a traffic sign. This means it is a defense for an accused to show that the police made an fault because he/she did, in fact, obey a sign or betoken.

ii.2. No "official" sign or signal

Recall that a motorist is only guilty under this statute if he/she disobeyed a sign lawfully posted by federal, state, and/or local authorities. It is a defense, then, for an defendant to say that:

he/she failed to obey a sign, only
that sign was posted past some entity other than the "proper authorities" (east.thousand., by a individual concern).

2.3. Emergency

Drivers tin can always enhance the defense that an emergency forced them to disobey a sign or bespeak. Perhaps, for instance, a driver had to disobey a sign to avoid a reckless driver, or, to swerve out of the way of an erratic biker.

teen driver being issued a traffic ticket

A violation of this law can result in a fine and a point on your driving record.

3. What are the fines and consequences?

A commuter that breaks this law receives:

a ticket (usually in an corporeality of $238), and
one point against his/her valid driver's license.

If a motorist gets a certain amount of points inside a i-, 2- or 3-yr period, the DMV can:

declare him/her a negligent operator, and
suspend, or even revoke, his/her driving privileges.

Note that the $238 amount of a traffic ticket does non reflect the true price of the ticket. The true toll will be much higher as it will include certain fines and fees.

Note too that a commuter can try to complete traffic school after a CVC 38300 ticket. Completion means:

whatever DMV points will not appear on a driver's public driving record, which prevents an insurance company from seeing them, but
the points will nonetheless appear on a motorist's DMV record for intermission/revocation purposes.

4. What happens if I blow off the ticket?

A driver cannot ignore a traffic ticket. Ignoring a ticket means he/she volition not show up in court for it and this is a crime per Vehicle Code 40508 CVC.

When a person is issued a traffic ticket in California, he/she has to sign a written promise to appear in court.

A party violates the law if he/she willfully fails to announced as promised.^⁴

A violation of this constabulary is charged as a misdemeanor. The penalties are:

up to six months in county jail (as opposed to state prison house), and/or
a fine of up to $1,000.^{^v}

5. What are the ramifications for a personal injury case?

A commuter that violates these laws may crusade an accident with another motorist (e.g., in a rear-end collision or in a T-os blow). If the motorist is injured and later files a personal injury lawsuit against the driver, the driver may be found "negligent."

In a personal injury activeness, the negligent driver has to compensate the plaintiff for any injuries that he/she suffered.

Proving negligence can sometimes exist difficult. Only in California, a driver is considered "negligent per se" if he violates a statute. This means a driver would be negligent per se if he/she:

caused an injury in a auto accident, and
did so while disobeying a traffic sign (in violation of CVC 38300) when the accident occurred.

six. Are there statutes related to this California code section?

There are three laws related to disobeying a traffic sign or signal. These are:

failure to yield when making a left turn or U-plow – CVC 21801,
illegal U-turn – CVC 22102, and
coasting in neutral – CVC 21710.

6.i. Failure to yield when making a left plough or U-turn – CVC 21801

Vehicle Lawmaking 21801 CVC is the California statute that applies when a driver is turning left or completing a U-turn to the left and is facing oncoming traffic.

The police says that a motorist in this state of affairs must yield the right-of-fashion to approaching traffic up until he/she tin can complete the plow with reasonable safety.

The penalties for breaking this law are the same every bit with violating CVC 38300.

6.ii. Illegal U-plow – CVC 22102

Vehicle Lawmaking 22102 CVC makes it illegal for a person to make a U-turn in a business organisation district, except at an opening or intersection where authorized.

Like with disobeying a traffic sign, a violation of this police force results in one betoken against the offender'south commuter's license.

6.3. Coasting in neutral – CVC 21710

Vehicle Lawmaking 21710 CVC makes it an offense for a driver to declension in neutral while going downhill.

As with a disobeying a traffic point violation, a violation of this statute is charged as an infraction.

For additional guidance or to talk over your instance with a personal injury or criminal defense attorney, we invite you to contact us at Shouse Law Group.