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Driving on the Wrong Side of the Road – Vehicle Code 21651(b) VC 

Posted by Bulldog Law | Jul 12, 2024

Driving on the Wrong Side of the Road – Vehicle Code 21651(b) VC

In California, it is a crime to drive on the wrong side of the road as stated in the California Vehicle Code 21651(b) VC.

Here are four important points you need to know about driving on the wrong side of the road in California.

An accused of VC 21651b may hire an attorney to defend the case. The client does not have to appear before the court if a lawyer is hired.
Driving on the wrong side of the road is considered a "wobbler" in California law. This can be charged either as a misdemeanor or a felony. Depending on whether someone was injured or killed, a violation of VC 21651(b) can result in a misdemeanor or felony.
Two points will be added to the driver's DMV record for violating VC 21651b VC. If you receive 4 points within 12 months, 6 points in 24 months, or 8 points in 36 months, you could be subject to a negligent operator license suspension.
A motorist can't ignore a ticket for driving on the wrong side of the road. It will most likely lead to a charge for failure-to-appear, per California Vehicle Code 40508, and can be charged as an offense.

Three laws regulate driving on the wrong side

  • Reckless driving
  • Felony reckless evading
  • Driving on the wrong side of the road (See reckless driving under California Vehicle Code 23103.

Driving in the same direction on one-way streets, in particular lanes, or making an illegal U-turn can lead to death, arrest, fines, or imprisonment according to the California Vehicle Code violation 21651 (a), (b), and (c). A jail sentence can be a consequence of your actions. It would be the least of your concerns if your insurance coverage decreases while your rates increase.

It doesn't matter if you drive into one-way traffic out of recklessness or simply miss your exit, it is still a crime in the U.S. This not only puts the negligent driver at risk but also puts other motorists and oncoming traffic in danger.

California Vehicle Code Section 21651 (b) states that it is against the law for Californians not to drive on the right side of the road. Before we discuss the California Vehicle Code Section 21651 (b), let's first look at some tips to avoid colliding with wrong-way motorists.

Wrong Way Driver: Tips To Avoid Road Collision

These are some tips from California Highway Patrol to reduce the chance of an accident with a driver who is not following the rules:

If you see a wrong-way motorist, get out of their way as quickly as possible to avoid any collisions. Call the authorities once you are safe and inform them about the incident.

It is crucial to keep your eyes on the horizon line when driving in daylight. It will help you spot any potential dangers or drivers making a wrong turn. You can then identify potential dangers before they reach your car.

Keep your car on your right when driving at night. Most wrong-way drivers drive on your right side of the road. It will help you avoid being a victim of negligent drivers.

Turn on your headlights at night to warn incoming cars that they are taking the wrong side of the road.

The California Vehicle Code 21651 (B): Key Points

California Vehicle Code Section 21651(B) shares details about driving on the wrong side of the road. Some important takeaways are:

  • A person accused of driving on the wrong side of the road can hire an attorney to represent him in court and negate the charges.
  • It can be either a misdemeanor or a felony to drive on the wrong side of the road. It all depends on whether someone is hurt or killed.
  • Driving on the wrong side will result in 4 points being added to your driving record. It could lead to a negligent operator license suspension based on how many points you have accrued over a certain period.

Vehicle Code 21651(b) says that drivers must drive on the right side of the intermittent barrier or divider. California law prohibits drivers from driving in the wrong direction. This does not apply to the offense of crossing a divided road.

What effect does a VC 21651(b) violation have on a personal injury case?

In a personal injury case, a driver who drives on the wrong side of the road and causes an accident is likely to be found negligent.

California law defines negligence as the inability to exercise reasonable care to avoid injury to oneself and others. The negligent driver is responsible for an auto accident and also responsible for damages.

Sometimes it is difficult to prove negligence in a personal injury case. However, in California, a driver is considered "Negligence per se" if they violate a statute. Negligence "per se" is a legal theory that presumes negligence based on a defendant's violation of a statute, ordinance, or other law.

It would mean that a driver could be considered negligent for driving on the wrong side of the road in violation of VC 21651(b). However, even if the driver is negligent, he may still recover from the damages he incurred due to California's comparative fault laws.

What are the most common legal defenses against driving in opposing lanes?

Drivers who violate Vehicle Code 21651(b) claim that the highway was poorly marked, resulting in a violation. To maintain this legal defense, you would need to prove that the road had no markings or signs.

If the accused is wanted by the local police but jailed out of the state, this results in another defense and prevents or stalls prison transfer to California. California Penal Code Sections 1548 to 1558 allow for the extradition of fugitives back to California State.

Drivers arrested or imprisoned for such offenses must show photographs of the highway showing missing signs or other evidence. Normally, a driver will be issued a traffic ticket and must appear in court to defend the charges under Vehicle Code Section 21651(b). However, having a qualified criminal defense attorney can help you with your case.

If you are charged with driving on the wrong side of the road, you are advised to contact a criminal defense lawyer who will handle all the criminal matters that may involve you. Do not let your family, friends, or any other person handle this on your behalf. Work with a highly experienced and skilled criminal attorney who has dealt with hundreds of such cases in the past and is an expert in handling them.

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