When Can You Disobey A Traffic Control Signal?

Vehicle Code 38300 CVC is the California statute that makes it an crime for a driver to disobey any traffic sign, betoken, or traffic control device that is lawfully placed by federal, country, or local government. Some examples of "signs, signals, and devices" are stop signs, speed limits, and "do non enter" signs. This section empowers government to use signs and signals to warn and guide traffic.

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

38300 CVC states that "it is unlawful for the commuter of whatsoever vehicle to disobey any sign, bespeak, or traffic control device placed or maintained pursuant to Department 38280." A violation of the law is an infraction that will result in a traffic ticket and a DMV point.

Examples

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

Defenses

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

a ticket was the result of law error,
a sign or signal was non "official," and/or
there was an emergency.

Penalties

A California crime can be charged every bit an infraction, misdemeanor, or a felony.

A violation of California Vehicle Lawmaking 38300 is charged equally an infraction.

A conviction results in:

a fine, and
the DMV putting ane point on the motorist'due south driving record.

A problem with points is that if they accrue to a sure level, within a i-, two- or 3-twelvemonth period, the DMV can suspend or revoke the motorist's driving privileges. The Department tin can even declare him/her a negligent operator.

Our California automobile accident attorneys will hash out 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 stop sign.

ane. What is a traffic offense under CVC 38300?

According to this statute, it is an offense for any driver to disobey a sign, signal, or traffic command device that is lawfully placed by federal, state, or local authorities.¹

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

yield signs,
finish signs,
pedestrian crossing markings,
speed limit posts,
school zone markings,
traffic command lights,
railroad crossing signs,
turn restrictions, and
do not enter signs.

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

This code department is the State police that allows federal, land, and local authorities to use signs and signals to warn and guide traffic.³

All of this means that it is a crime for a motorist to disobey whatever sign, signal, or device that is lawfully placed by the proper authorities for traffic purposes. It is not an crime, then, for a driver to disobey a sign that is posted past another entity, similar a private business.

2. How tin a person fight the commendation?

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

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

two.1. Error in police judgment

Sometimes police make judgmental errors when observing the events leading up to a ticket. For example, it is quite possible that authorities merely "got it incorrect" when they say that a motorist disobeyed a traffic sign. This means it is a defense for an defendant to bear witness that the police made an error because he/she did, in fact, obey a sign or signal.

2.2. No "official" sign or signal

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

he/she failed to obey a sign, but
that sign was posted past some entity other than the "proper authorities" (e.1000., past a individual business organisation).

2.3. Emergency

Drivers can always raise the defence force that an emergency forced them to disobey a sign or point. Perhaps, for example, 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 tin result in a fine and a indicate on your driving record.

3. What are the fines and consequences?

A commuter that breaks this constabulary receives:

a ticket (usually in an amount of $238), and
one signal confronting his/her valid driver'due south license.

If a motorist gets a certain corporeality of points within a 1-, 2- or iii-year period, the DMV can:

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

Notation that the $238 amount of a traffic ticket does not reflect the truthful toll of the ticket. The true cost will exist much higher as it volition include certain fines and fees.

Note also that a driver can try to consummate traffic school after a CVC 38300 ticket. Completion means:

any DMV points will not appear on a driver's public driving record, which prevents an insurance company from seeing them, simply
the points will still announced on a motorist's DMV record for suspension/revocation purposes.

four. What happens if I blow off the ticket?

A driver cannot ignore a traffic ticket. Ignoring a ticket ways he/she will non 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 police if he/she willfully fails to appear as promised.^⁴

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

up to six months in county jail (every bit opposed to country prison), and/or
a fine of up to $i,000.^{^five}

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

A driver that violates these laws may cause an accident with some other motorist (e.thou., in a rear-stop collision or in a T-os blow). If the motorist is injured and after files a personal injury lawsuit confronting the driver, the driver may be found "negligent."

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

Proving negligence can sometimes exist hard. But in California, a driver is considered "negligent per se" if he violates a statute. This ways 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.

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

There are 3 laws related to disobeying a traffic sign or signal. These are:

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

half-dozen.1. Failure to yield when making a left plow or U-turn – CVC 21801

Vehicle Code 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 law says that a motorist in this situation must yield the correct-of-way to approaching traffic up until he/she can consummate the turn with reasonable safety.

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

half dozen.2. Illegal U-plow – CVC 22102

Vehicle Code 22102 CVC makes it illegal for a person to make a U-turn in a concern commune, except at an opening or intersection where authorized.

Like with disobeying a traffic sign, a violation of this law results in 1 point against the offender'southward driver's license.

6.3. Coasting in neutral – CVC 21710

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

Every bit with a disobeying a traffic indicate violation, a violation of this statute is charged every bit an infraction.

For additional guidance or to discuss your case with a personal injury or criminal defense attorney, we invite you to contact us at Shouse Police force Group.

Legal References: