Contesting your failure to obey a traffic control device ticket (CVC 21461):

Let’s be honest, being stopped by an officer and written up for a speeding violation is nerve wrecking enough. But it’s even more perplexing when the ticket reads “failure to obey a traffic control device” and you have no idea what this actually means. Don’t worry though, we’re here to help. It’s quite simple really, you’ve been ticketed for not obeying either traffic signals, regulatory and warning signs or even pavement markings. The kinds of activities that could result from this includes:

  • Failure to yield at a yield sign
  • Encroaching on a sidewalk
  • Ignoring flashing lights
  • Ignoring portable or temporary signs
  • Infractions related to railroad crossings
  • Making an illegal U-turn
  • Running a red light or stop sign
  • Speeding

 

You’ll find that this violation does usually carry slightly less penalties than your average speeding or failure to stop ticket, but it is completely at the discretion of the issuing officer. The good news is that there is a process for fighting a failure to obey a traffic control device ticket. It just takes knowing what to consider when preparing your defense for the court. For example, was the traffic control device clearly visible or was it obscured by trees, trucks or even snowfall in some areas? Similarly, when the officer issued your ticket, did he clearly instruct and show you the exact traffic control device that you didn’t obey?

 

While seemingly just a bunch of technicalities, these are the types of criteria that could provide a great defense and assist you when contesting your failure to obey a traffic control device ticket. That’s where the GETDISMISSED system can become invaluable, guiding you through the process of getting your “Trial by Written Declaration” together and mailed off to the court. This doesn’t guarantee that you’ll get a failure to obey a traffic control device ticket dismissed (CVC 21461), but it certainly is your best bet.


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