2016 Uniform Bail Schedule

[tgrrdr]

A friend of mine got a ticket yesterday for 21755 (driving on the shoulder) EB 580 at the Crow Canyon exit. From her description it sounds like she drove on the shoulder (someone stopped in the lane to merge at the last minute and she went around on the right side to exit) and she asked me if I could figure out the cost.

Alameda doesn't have a 2016 bail schedule on their website but it's a statewide document and I think I found that here. I thought there were two different fines but now that I'm looking closer I noticed that one is for a construction zone and the "standard" fine appears to be $238. Does this sound correct?

Any chance that she could go to court and have the fine reduced or "win" her case?

thanks

 

[TheRiddler]

Fine sounds right.

If she goes to court and has a professional appearance, I've seen judges grant fine reductions.

By her own admission she's guilty so not likely to be dismissed.

 

[Shaggy]

Your "basic" moving violations are usually around $250 when all said and done. Speeding, stop sign, obeying signage, etc. Red lights are close to $500, so watch those right turns!

 

[tgrrdr]

By her own admission she's guilty so not likely to be dismissed.

Thanks.

Depending on how much of the car she went around was in the exit lane it's possible she didn't have to drive on the shoulder to get around it but I doubt she would have been pulled over and given a ticket if she didn't.

 

[tgrrdr]

I actually wonder if she did something else she didn't tell me about that attracted attention...

 

[TheRiddler]

Thanks.

Depending on how much of the car she went around was in the exit lane it's possible she didn't have to drive on the shoulder to get around it but I doubt she would have been pulled over and given a ticket if she didn't.

Well, the car doesn't have to be all the way in the lane. Simply any part on the shoulder is on the shoulder.

21755. (a) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting that movement
in safety. In no event shall that movement be made by driving off
the paved or main-traveled portion of the roadway.

 

[RightCoastBias]

I forget the CVC, but got a similar ticket. Paid one of those slimey dui/traffic court lawyers and got it dismissed due to the officer not showing.

Lawyer cost more than the ticket, but couldn't afford the point.

Usually the lawyers have a list of officers and their appearance history.

 

[KrustyKruser]

So sit in that area with a camera and hope you can film enough people passing on shoulder to show that it is a main Traveled portion of highway. Highway 12 has several spots where people stop traffic to turn into their driveway. Unless traffic passes on right shoulder traffic is going nowhere and can be that way for a while waiting for an opening.

 

[TheRiddler]

So sit in that area with a camera and hope you can film enough people passing on shoulder to show that it is a main Traveled portion of highway. Highway 12 has several spots where people stop traffic to turn into their driveway. Unless traffic passes on right shoulder traffic is going nowhere and can be that way for a while waiting for an opening.

That's not how that works. The vehicle code includes definitions. Driving in the lanes is driving in the roadway. Driving on the shoulder is driving on the road. If you're passing on the right and not in the roadway (the lanes), you're in violation of 21755.

The vehicle code for "road" has a longer definition than what I posted below, but it basically means from the yellow (or white) line on the left to the fog line on the right.

527. (a) "Road" means any existing vehicle route established before
January 1, 1979, with significant evidence of prior regular travel
by vehicles subject to registration pursuant to Article 1 (commencing
with Section 4000) of Chapter 1 of Division 3; provided, that "road"
does not mean any route traversed exclusively by bicycles as defined
in Section 39001, motorcycles as defined in Section 400,
motor-driven cycles as defined in Section 405, or off-highway motor
vehicles as defined in Section 38012.

530. A "roadway" is that portion of a highway improved, designed,
or ordinarily used for vehicular travel.