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Old 03-11-2009, 09:04 AM   #11
SeanPlunkSeanPlunk is offline
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Quote:
Originally Posted by kdracer73 View Post
This law was put into effect to protect you. Do you know how much damage a small child could do to your car? That would suck !!
This is so full of win I don't know what to do
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Old 03-11-2009, 11:39 AM   #12
enkeivetteenkeivette is offline
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I found that definition of a divided highway also, but it's not actually a definition. It's lists types of divided highways that are relevant to some other violation. But the list is not necessarily all inclusive. If I found someother law, which said that double yellows are to be considered a virtual division, then I'm off the hook. But it seems doubtful so far.

Here is the full law that you abbreviated:

21651. (a) Whenever a highway has been divided into two or more
roadways by means of intermittent barriers or by means of a dividing
section of not less than two feet in width, either unpaved or
delineated by curbs, double-parallel lines, or other markings on the
roadway, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing
section.
...

Here is the actual violation:


(a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.

(b)(1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.

...

Here is what a real definition looks like. They are listed before the code, not within.


360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.





It sounds as if a "divided highway" is one that is separated by a barrier, but legal definitions are not always English. Ex. Conversion has to do with destroying someone's shit, and consideration has to do with money in K law.
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Old 03-11-2009, 11:43 AM   #13
enkeivetteenkeivette is offline
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Also, per the code the fine will be 150-250 for 1st timers. 250-500 for 2nd, and 500-1K for 3rd with possible revocation of your government invasion of privacy card (DL).
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Old 03-11-2009, 12:07 PM   #14
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Adam:
Fight the ticket. The fine will not go up if you do. But could be lowered or dismissed if you fight.
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Old 03-11-2009, 01:16 PM   #15
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If you fight, you pass up your right to traffic school. Trial court judges that deal with infractions all day in my experience are lazy and will always take the cops word over yours. If I can't find a CA case or law specifying that a double yellow constitutes a division, I'm going to traffic school. I plan to buy a bike, checked one out yesterday, can't deal with another point on my license. Insurance is killer already.
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Old 03-11-2009, 02:18 PM   #16
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Quote:
Originally Posted by enkeivette View Post
If you fight, you pass up your right to traffic school. Trial court judges that deal with infractions all day in my experience are lazy and will always take the cops word over yours. If I can't find a CA case or law specifying that a double yellow constitutes a division, I'm going to traffic school. I plan to buy a bike, checked one out yesterday, can't deal with another point on my license. Insurance is killer already.
Didn't know about the traffic school thing and court. The last time I when to traffic school was 1979.
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