CVC 21809 is titled “Failure to Slow Down or Change Lane When Approaching and Passing Stationary Emergency Vehicle or Tow Truck Displaying Specific Lights.”
If you see an emergency vehicle or tow truck on the side of the roadway then slow down and move over. CVC 21809 makes it a violation to fail to show down or change lanes when approaching or passing an stationary emergency vehicle or tow druck displaying specific lights.
The fine amount for a Section 21809 CVC violation is approximately $238.00. Also, a violation will add one point to your driving record.
If you received a citation under CVC 21809, then contact a traffic ticket lawyer in San Francisco, CA, at Ticket Crushers.
Citations under Section 21809 CVC
Section 21809 CVC requires a driver on a freeway to use due caution when approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights.
Defenses for violating Section 21809 CVC including arguing that due caution was used under the circumstances. Your attorney can appear in court for you or demand a trial by written declaration.
The traffic ticket attorneys at Ticket Crushers represent clients on a variety of different types of speeding tickets, driving too slow for conditions, carpool tickets, and sign violations tickets.
CVC Section 21809 provides:
(a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following:
(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.
(b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).
(c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.
