Specified Sign, Signal, or Traffic Control Device Violations can be Tricky
If you have received a traffic ticket under California Vehicle Code 38300, you might want to take a closer look at it before you pay the fine. Your license, motor vehicle, and even auto insurance are at stake.
California Vehicle Code 38300 states, “It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280.”
California vehicle code 38280 code designates authority to the federal, state, and local authorities to place a traffic control signal or device where they see fit:
“Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained such appropriate signs, signals, and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic.”
The corresponding vehicle code that we are dealing with here, CVC 38300, dictates that drivers must follow any traffic control signal and device unless directed otherwise by a traffic or police officer. Cities and states need this authority in order to control traffic flow, as it is a crucial aspect of public safety.
The Signs and Signals You Must Obey While Driving
Although CVC 38300 seems fairly cut and dry, there are a number of signs that fall under this jurisdiction that lead to a lot of common traffic tickets being issued and drivers getting unnecessary points on their licenses.
These traffic signals need to be properly placed and meet certain regulations.
Signs, signals, and pavement markings that fall under CVC 38300 and must be respected by any motor vehicle, include:
- Stop sign
- Yield Sign
- Pedestrian crossing
- Speed limit sign
- Do not enter
- Turn Restrictions
- Railroad Crossing
- School Zone
One key aspect of this vehicle code that may go unnoticed is that the sign needs to be placed by the proper authority.
Private businesses may put up a sign to attempt to regulate traffic around their businesses, but this wouldn’t be considered an official traffic signal or official traffic control device as defined by the California Vehicle Code.
As you can see, several daily signs and signals are part of the list, from yield signs to an illegal U-Turn. Disobey any of them, and you can get a traffic control device ticket that leads to a hefty fine, points on your license, and a lot of trouble in traffic court. Some of these are just a one-point violation, but others can have more serious consequences, like charges of misdemeanors.
Consequences of a Traffic Control Device Ticket on your License
If you are cited for failing to obey a sign, you will face a minimum fine of $237, depending on your driving record and how your case goes in traffic court.
It is a bad idea not to fight a ticket. If you ignore it, you risk being fined more and even getting your driving privilege and license revoked. Pay it without going to traffic court or traffic school and you also face consequences beyond a simply fine.
A Sign Ticket Can Lead to Higher Auto insurance rates
It’s normal for an insurance company to use algorithms or a risk-based pricing model to calculate how much to charge for premiums, and a traffic ticket for disobeying an official traffic control device, signal, or sign is one of the factors that they consider when assessing risk.
Your insurance premiums will increase if more points accumulate on your license and driving record because of a traffic offense. Getting a traffic ticket for violating CVC 38300 in California can result in 1-2 points staying on your license for three years, increasing your auto insurance rates. Additionally, some insurance companies may raise your rates for a period of time, even after the points have fallen off your license, as they view your driving history as a whole. This can cause a significant financial burden, so it is important to be aware of the consequences of disobeying a sign signal.
Understanding the impact of a ticket on your license and insurance rates and implementing measures to reduce potential harm is crucial.
Avoid points to driver’s license with traffic school
If you don’t have any criminal record or a clean driving record, don’t let a sign or traffic control device ticket ruin that. A point will be added to your license even after paying the fine and pleading guilty.
Taking a defensive driving class is a good option for avoiding this. Also known as traffic school, it helps to reduce the points on your license associated with any traffic ticket. This might not always be an option, especially for misdemeanor infractions or more serious charges, but it’s almost always an option for infractions like not yielding or making an illegal U-Turn.
A judge in traffic court will let you know if this is an option for you. It’s one of the best ways to avoid annoying points on your license and save you from higher insurance premiums. Never let too many points from a traffic violation accumulate on your license within a year or two. More than three points on your license within a year can lead to a suspended license. If you’re suddenly charged with a misdemeanor, you might even face months in jail if you already have unpaid tickets on your criminal record.
For someone with a commercial license in California, the consequences are even worse. California traffic law says that drivers with commercial licenses accumulate 1.5 points for each infraction, not just 1, meaning a 2-point infraction puts 3 on their driving record. A commercial driver will have his or her license suspended and will be prohibited from working for months or years if they get another citation on their driving record within a year.
Remember that there is a small traffic school fee involved in this process, but it should not be paid in your bail or ticket fine. The traffic school fee is separate.
Did you receive a ticket for a traffic violation? Our team may be able to assist. Reach out to learn more about your citation and what options are available before points are added to your license.
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