Understanding Traffic Control Device Violation
FAILURE TO OBEY TRAFFIC CONTROL DEVICE
A ticket for failure to obey a traffic control device could be issued for ignoring portable warning signs, failure to yield, stopping on the crosswalk, and many others. These citations are typically infractions and often easily defended by a knowledgeable traffic ticket attorney. Many contested tickets result in a reduced no-point violation or outright dismissal when requested by a traffic law lawyer.
CDL Ticket: Failure to Obey a Traffic Control Device
CA Vehicle Code (CVC) 21461, Offenses Relating to Traffic Devices, provides that it is unlawful for a driver to disobey or ignore a signal or sign erected to control traffic. This section of code does not apply to those addressed by CVC 22500, Stopping, Standing, and Parking.
Except railroad crossings, the fine for most of these violations is approximately $240 depending on the CA County, typically $238 in Kern County. CDL holders are subject to a 50% higher Negligent Operator Treatment System (NOTS) point assessment by the DMV.
The DMV will notifies the FMCSA of the conviction, and possible CSA (Compliance, Safety, and Accountability) severity points get assessed. If there was a similar conviction within the previous 6 months multiply severity points by three. Multiply by two for a second conviction within six to twelve months. CSA points are visible on the driver’s Pre-Employment Screening Program (PSP) record for three years. Acquiring a better-paying job with another fleet is much more difficult.
Avoiding a Failure to Obey a Traffic Control Device Ticket
Be fully-alert and try not to drive if fatigued. Driving fatigued or ill ticket violation carries a severity of ten for the driver or trucking fleet. Pull over and take a nap.
Failing to obey a railroad crossing control device is a serious offense for CDL holders according to the FMCSA. A first-time conviction of failure to obey a traffic control device at a railroad crossing gets you a 60-day driving disqualification with no second chance warning like the other FMCSA serious offenses.
- 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
There is a process for fighting a failure to obey a traffic control device ticket. For example, was the traffic control device clearly visible or obscured by trees, trucks or even snowfall in some areas? When the officer issued the ticket, did he clearly instruct and show you the exact traffic control device you failed to obey? TicketWarrior examines all defenses to traffic violations and that’s why we are the best traffic attorney to hire.