Criminal Defense Lawyers

Vehicle Code 21651(a) VC – Crossing a Divided Highway

Have you recently been charged with crossing a divided highway in California? If so, you’re probably feeling worried and uncertain about what this means for your future. At Spodek Law Group, we understand how stressful it can be to face criminal charges. That’s why we’re here to help guide you through the legal process and fight for your rights.Vehicle Code 21651(a) VC makes it illegal to drive across a divided highway in California. While this may seem like a minor traffic violation, it can actually result in serious consequences if you’re convicted. Our experienced criminal defense attorneys have successfully defended many clients against VC 21651(a) charges. We know how to build a strong defense strategy and work towards the best possible outcome in your case.In this comprehensive guide, we’ll break down everything you need to know about Vehicle Code 21651(a) VC. We’ll explain the elements of the crime, potential penalties, common defenses, and how an experienced lawyer can help protect your rights. If you have any questions as you read through this information, don’t hesitate to reach out to our office at 212-300-5196 for a free consultation.

What Exactly is Vehicle Code 21651(a) VC?

California Vehicle Code 21651(a) VC states:”Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following:(a) To drive any vehicle over, upon, or across the dividing section.”In simple terms, this law prohibits drivers from crossing over a divided highway section. The dividing section can be marked by barriers, curbs, unpaved areas, or painted lines on the road.Some key points to understand about VC 21651(a):

• It applies to any type of divided highway, not just freeways
• The dividing section must be at least 2 feet wide
• Even briefly crossing over the dividing section is illegal
• It doesn’t matter if you caused an accident or not

Essentially, this law is designed to prevent dangerous head-on collisions by keeping opposing traffic separated. While crossing a divided highway may seem harmless in some situations, it’s still against the law.

Elements of the Crime

For the prosecution to convict you of violating Vehicle Code 21651(a) VC, they must prove the following elements beyond a reasonable doubt:

1. You were driving a vehicle on a highway
2. The highway was divided into two or more roadways
3. The roadways were separated by one of the following:
   • Intermittent barriers
   • An unpaved section at least 2 feet wide
   • A section at least 2 feet wide marked by curbs, double lines, or other markings
4. You drove your vehicle over, upon, or across the dividing section

It’s important to note that your intent doesn’t matter for this offense. Even if you crossed the dividing section by accident, you can still be found guilty. The prosecution only needs to prove that you actually did cross it.

Potential Penalties for Violating VC 21651(a)

Crossing a divided highway under Vehicle Code 21651(a) VC is typically charged as an infraction in California. However, the penalties can vary depending on the specific circumstances of your case.For a basic infraction with no injuries or property damage:

• Fine of up to $238
• 1 point on your driving record

If your actions resulted in an accident with injuries, you could face more serious charges:

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2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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• Misdemeanor penalties
• Up to 6 months in county jail
• Fines up to $1,000
• 2 points on your driving record

In cases involving severe injuries or fatalities, you may even be charged with felony reckless driving. This can result in:

• 16 months to 3 years in state prison
• Fines up to $10,000
• 2 points on your driving record

Additionally, a conviction for crossing a divided highway can lead to:

• Increased car insurance rates
• Potential license suspension if you accumulate too many points
• Impact on commercial driver’s licenses

As you can see, even a seemingly minor traffic violation can have serious consequences. That’s why it’s crucial to have an experienced attorney on your side to fight the charges and protect your rights.

Common Defenses to VC 21651(a) Charges

At Spodek Law Group, we have years of experience defending clients against Vehicle Code 21651(a) VC charges. We know how to thoroughly investigate your case and build a strong defense strategy. Some common defenses we may use include:

1. Lack of Evidence

The prosecution must prove beyond a reasonable doubt that you actually crossed the dividing section. If there’s insufficient evidence to show this, we may be able to get the charges dismissed. For example:

• No witnesses saw you cross the dividing section
• Poor visibility conditions make it unclear if you crossed
• Lack of video evidence or clear photos

2. Emergency Situation

In some cases, crossing a divided highway may be justified by an emergency. We can argue that your actions were necessary to avoid serious injury or danger. Examples might include:

• Swerving to avoid a collision with another vehicle
• Avoiding debris or hazards in the road
• Responding to a medical emergency

3. Poorly Marked Dividing Section

If the dividing section wasn’t clearly marked or visible, we can argue that you didn’t knowingly violate the law. This may apply if:

• Faded or obscured road markings
• Missing barriers or signs
• Confusing road design

4. Faulty Equipment

In some cases, vehicle malfunctions may cause a driver to unintentionally cross a divided highway. We can investigate whether mechanical issues played a role, such as:

• Steering or brake failures
• Tire blowouts
• Other unexpected vehicle problems

5. Challenging the Traffic Stop

If the police didn’t have probable cause to pull you over in the first place, we may be able to get the evidence against you thrown out. This could lead to dismissal of the charges.

6. Mistake of Fact

If you genuinely believed you were allowed to cross the dividing section due to a reasonable misunderstanding, we may be able to use this as a defense. For example, if confusing signage led you to think crossing was permitted.Our attorneys will carefully review all the details of your case to determine the best defense strategy. We’ll work tirelessly to challenge the prosecution’s evidence and fight for a favorable outcome.

How an Experienced Attorney Can Help

When you’re facing charges for crossing a divided highway, having a skilled criminal defense lawyer on your side can make a huge difference in the outcome of your case. At Spodek Law Group, we have extensive experience handling Vehicle Code 21651(a) VC cases throughout California.Here’s how we can help:

• Thorough case investigation: We’ll gather all available evidence, interview witnesses, and analyze police reports to build the strongest possible defense.
• Negotiating with prosecutors: In many cases, we can negotiate with the DA to reduce charges or penalties before going to trial.
• Challenging evidence: We’ll file motions to suppress any improperly obtained evidence and challenge the prosecution’s case.
• Representing you in court: If your case goes to trial, we’ll provide aggressive representation and fight for your rights every step of the way.
• Exploring alternative sentencing: For cases involving injuries, we may be able to negotiate alternative sentencing options like probation or community service instead of jail time.
• Protecting your driving record: We’ll work to minimize the impact on your driving record and license status.
• Handling all legal procedures: We’ll make sure all necessary paperwork is filed correctly and deadlines are met.

Our goal is always to achieve the best possible outcome in your case, whether that’s getting the charges dismissed, reduced, or fighting for an acquittal at trial.

Frequently Asked Questions

Here are some common questions we hear from clients facing Vehicle Code 21651(a) VC charges:Q: Can I just pay the fine and be done with it?A: While paying the fine may seem like the easiest option, it’s essentially pleading guilty. This can have lasting consequences on your driving record and insurance rates. It’s always best to consult with an attorney before making any decisions.Q: Will I lose my license for crossing a divided highway?A: A single violation of VC 21651(a) typically won’t result in license suspension. However, accumulating too many points on your record could lead to suspension. Commercial drivers may face harsher penalties.Q: What if I crossed the dividing section to avoid an accident?A: If you crossed the dividing section due to an emergency situation, this could be a valid defense. We can argue that your actions were necessary to prevent harm.Q: How long will this stay on my record?A: Traffic violations generally stay on your driving record for 3-7 years in California. However, the impact on your insurance rates may last longer.Q: Can I fight the ticket on my own?A: While you have the right to represent yourself, it’s not recommended. The legal system is complex, and prosecutors have extensive resources. An experienced attorney gives you the best chance at a favorable outcome.

Why Choose Spodek Law Group?

When you’re facing charges for crossing a divided highway, you need a law firm with the experience, skill, and dedication to fight for your rights. At Spodek Law Group, we offer:

• Decades of experience: Our attorneys have successfully handled countless Vehicle Code violation cases.
• Aggressive representation: We’re not afraid to stand up to prosecutors and fight hard for our clients.
• Personalized attention: We treat every client like family and give your case the individual attention it deserves.
• 24/7 availability: Legal issues don’t just happen during business hours. We’re here for you anytime you need us.
• Proven track record: Our firm has a history of achieving favorable outcomes for our clients.
• Comprehensive approach: We handle all aspects of your case, from investigation to negotiation to trial if necessary.

Don’t let a Vehicle Code 21651(a) VC charge derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We’ll review your case, explain your options, and fight tirelessly to protect your rights and future.Remember, time is of the essence when dealing with criminal charges. The sooner you reach out to us, the more we can do to help. Don’t face this alone – let our experienced team guide you through the legal process and work towards the best possible outcome in your case.