In California, a roadway is considered a divided highway when there is a physical separation between the lanes going in opposite directions. Drivers who don’t drive on the correct side of the road can cause head-on collisions, which can result in serious injuries and extensive property damage.
Drivers that cross into opposing traffic can also face criminal charges under California Vehicle Code Section 21651: Driving Across a Divided Highway. Get more information about this criminal charge and the results of a conviction from an experienced Los Angeles criminal defense lawyer.
How California Law Defines Divided Highways
It’s important to understand the exact definition of a divided highway in California before digging deeper into VC 21651. According to the legal codes in California, a road is considered a divided highway if it is split into at least two roadways by:
- Intermittent barriers
- A dividing section at least two feet wide
This dividing section can be unpaved. It can also be marked with:
- Double-parallel lines
- Other markings
- Curbs
Note that any public road can be considered a divided highway if it meets the above qualifications. Even roads that are not included in California’s freeway system may qualify as divided highways.
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The Definition of Driving Across a Divided Highway
Now that you are familiar with a divided highway, we can discuss VC 21651. This legal code allows the court system to prosecute anyone who drives across a divided highway by:
- Driving across, upon, or over the dividing section or
- Making a U-turn, semicircular turn, or left turn except in marked areas
Note that driving across a divided highway is often prosecuted as a misdemeanor. However, VC 21651 can be prosecuted as a misdemeanor or a felony if someone is injured or killed after a driver operates a vehicle across a divided highway.
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Charges Similar to Driving Across a Divided Highway in California
Drivers in California can face a number of charges that resemble VC 21651. After reviewing the details of your case, an experienced criminal defense attorney will explain your charges and legal options.
Depending upon the specific situation, drivers can be charged under:
- Vehicle Code Section 22100.5: Making an Illegal U-Turn
- Vehicle Code Section 23103: Reckless Driving
- Vehicle Code Section 2800.4: Evading a Peace Officer by Driving in the Opposite Direction of Traffic
Reckless driving can cover a wide range of dangerous acts on the road, including driving the wrong way, driving on sidewalks, and racing. Each of these actions contributes to an overall pattern of dangerous driving that can lead to accidents, injuries, and fatalities.
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Legal Repercussions for Driving Across a Divided Highway
California drivers who are convicted of driving across a divided highway can face fines and jail time. Additionally, one point can be added to their driver’s license for a VC 21651 conviction.
Note that an individual’s driver’s license can be suspended if they accrue too many points in a set period. This means that, depending upon the number of points already on an individual’s license, they could lose their driving privileges based on a VC 21651 conviction in California.
You should also be aware that some drivers may be able to avoid getting points on their licenses by attending traffic school after they are arrested for a VC 21651 violation. Drivers will still need to pay their fines if they attend this school, but it can reduce the repercussions of a charge for driving across a divided highway.
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Common Legal Defenses for VC 21651 Accusations
A charge for driving across a divided highway does not have to lead to a conviction in California automatically. You can get help building a strong defense against VC 21651 charges by reaching out to a professional criminal defense lawyer in Los Angeles. Your legal team could be able to defend you by arguing:
You Needed to Cross a Divided Highway in an Emergency Situation
Sometimes, you have no choice but to cross a divided highway. For example, if crossing the divided highway was the only way for you to avoid a massive wreck ahead of you, you could be spared a VC 21651 conviction. Let your lawyer focus on the reasons you drove across a divided highway to build your defense.
You Did Not Intentionally Cross a Divided Highway
In some situations, your intentions when crossing a divided highway can be taken into account. You may be charged with a misdemeanor instead of a felony if you crossed a divided highway by accident and caused an injury or death. However, you can still face criminal charges for this action. They will just be lessened.
The Officer Mistakenly Issued a Ticket
One common defense for crossing a divided highway is that the officer issued a ticket by mistake. This can happen if road markings or signs are unclear, causing confusion about where crossing is allowed.
Sometimes, officers may misinterpret a driver’s actions, especially in situations where no clear divider is present, or road conditions make it hard to tell where the dividing line is. In these cases, showing that the ticket was based on a misinterpretation of the driver’s actions or road markings can help contest the ticket in court.
Let a Criminal Defense Lawyer Take on VC 21651 Charges
Simmrin Law Group is dedicated to protecting the rights of our clients. We have decades of legal experience, and we have served thousands of clients. As experienced lawyers, we know how to build a strong legal defense strategy.
California Vehicle Code Section 21651: Driving Across a Divided Highway charges can be challenging to handle without professional help. Contact our criminal defense lawyers in Los Angeles for a free consultation to start focusing on your case now.
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