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Thread: Citation Specific Information

  1. #1

    Citation Specific Information

    This will be a developing thread that provides citation/cvc specific information.
    It should be used to list the following information:

    Citation #
    - Link to the DMV explaining the details of the violation
    - Links to threads regarding the citation
    - Strategies/Resolutions/Loopholes

  2. #2

  3. #3

    Re: Citation Specific Information

    27156(b)
    DMV
    Gross Polluter: Air Pollution Control Device

    27156. (a) No person shall operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.

    (b) No person shall operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.

    (c) No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.

    (d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.

    (e) "Willfully," as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.

    (f) No person shall operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.

    (g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued or against whom the complaint is filed produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2

    (h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:

    (1) Not to reduce the effectiveness of a required motor vehicle pollution control device.

    (2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.

    (i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycle’s transfer to an ultimate purchaser.

    (j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.

    Amended Ch. 27, Stats. 1994. Effective March 30, 1994.
    Amended Sec. 1, Ch. 325, Stats. 2007. Effective January 1, 2008.

    THREADS
    http://forum.freeadvice.com/parking-...-b-341457.html

    http://www.socalevo.net/index.php?op...&topic=78586.0

    http://www.socalevo.net/forum/index.php?topic=87950.0

    STRATEGIES

  4. #4

    Re: Citation Specific Information

    22349 (A)

    DMV
    Maximum Speed Limit

    22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

    (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

    (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

    (2) Passing lanes may not be considered when determining the number of through lanes.

    (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
    Amended and Repealed Sec. 22, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996.
    Added Sec. 23, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.
    Amended Sec. 1, Ch. 20, Stats. 1996. Effective March 29, 1996.
    Amended Sec. 41, Ch. 724, Stats. 1999. Effective January 1, 2000.

  5. #5

    Re: Citation Specific Information

    23302 and 23302.5

    DMV
    Refusal to Pay Tolls

    23302. (a) It is unlawful for any person to refuse to pay tolls or other charges on any vehicular crossing or toll highway. It is prima facie evidence of a violation of this section for any person to enter upon any vehicular crossing without either lawful money of the United States in the person's immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person or transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls.

    (b) For vehicular crossings and toll highways that uses electronic toll collection as the only method of paying tolls or other charges, it is prima facie evidence of a violation of this section for any person to enter the vehicular crossing or toll highway without a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. If a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located in, or on the vehicle in a location so as to be visible for the purpose of enforcement at all times when the vehicle is located on the vehicular crossing or toll highway. Where required by the operator of a vehicular crossing or toll highway, this requirement applies even if the operator offers free travel or nontoll accounts to certain classes of users.
    Amended Ch. 1292, Stats. 1993. Effective January 1, 1994.
    Amended Sec. 6, Ch. 739, Stats. 1995. Effective January 1, 1996.
    Amended Sec. 73, Ch. 1154, Stats. 1996. Effective September 30, 1996.

    THREADS
    http://www.socalevo.net/forum/index.php?topic=88805.0

  6. #6

    Re: Citation Specific Information

    Hand-Held Wireless Telephone: Prohibited Use
    23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

    (b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

    (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

    (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

    (e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:

    (1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.

    (B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.

    (2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.

    (3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.

    (4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.

    (5) A tow truck, as defined in Section 615.

    (f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

    (g) This section does not apply to a person while driving a motor vehicle on private property.

    (h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.

    Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011.
    Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008
    NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative.
    23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

    (b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

    (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

    (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

    (e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

    (f) This section does not apply to a person while driving a motor vehicle on private property.

    (g) This section shall become operative on July 1, 2011.

    Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011.
    Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011

    THREADS
    http://www.socalevo.net/forum/index.php?topic=102923.0

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