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  1. #1
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    Illegal to Change Lanes in an intersection?

    Motors/Traffic Cops/etc.,

    Some fellow Deputies and I were have an discussion yesterday about the legality of changing lanes in an intersection. Some of us said it's illegal and some of us said it's legal. So, which is it? And if it's illegal, under what section? Thanks.
    CHICKS DIG IT!!!

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    CVC urban myth......No CVC saying you can not..... You CAN change lanes in an intersection. But just like any lane change you can be cited for 22107/ 21658a (not sure if this one applys because it refers to marked divided lanes and intersections are not marked in the intersection) if not done safely.
    Last edited by Feb2nd1979; 04-17-2011 at 02:14 PM.

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    There is no CVC section that expressly prohibits changing lanes at an intersection.

    However, in many circumstances such a lane change would be unsafe, and therefore would violate §§ 22107, 21658(a).
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    I was taught that the lanes in the roadway essentially continue all the way through the intersection.. so as others stated.. if the lane change in the intersection is deemed unsafe, you can be cited for that.

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    DAL
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    Quote Originally Posted by Socal-Cop View Post
    I was taught that the lanes in the roadway essentially continue all the way through the intersection.. so as others stated.. if the lane change in the intersection is deemed unsafe, you can be cited for that.
    That may or may not be correct. The only way to tell would be to find legal authorities on the subject. I have found that much of what is "taught" is unreliable.

    The applicability of § 22107 does not depend on whether there are lane markings. ("No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.")
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    I was always told that if the intersection had the broken lines painted through it, then you may lane change. Otherwise the intersection acts as solid lines until the otherside.

    I dont know how true that is but if you think about it, most lane lines become solid before they hit the crosswalk. It would be pretty hard to make a safe lane change while in the intersection when there is any sort of traffic.

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    DAL
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    Quote Originally Posted by El Coppo Loco View Post
    I dont know how true that is but if you think about it, most lane lines become solid before they hit the crosswalk. It would be pretty hard to make a safe lane change while in the intersection when there is any sort of traffic.
    It's not that unusual. You could be in the intersection behind a vehicle waiting to turn left from the #1 lane while the only traffic is on the other side of the roadway in the #2 lane going straight, for example.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    The OP asked about a cvc for lane change in intersection. There is not one. So his question is answered but with anything related to traffic you can find a cvc to cite for just about anything.


    22107. No person shall turn a vehicle from a direct course or move
    right or left upon a roadway until such movement can be made with
    reasonable safety and then only after the giving of an appropriate
    signal in the manner provided in this chapter in the event any other
    vehicle may be affected by the movement.


    This section you can cite for unsafe lane change in an intersection, under it being a unsafe turning movement "upon a roadway". This section does not require it to be within a lane.

    21658. Whenever any roadway has been divided into two or more
    clearly marked lanes for traffic in one direction, the following
    rules apply:
    (a) A vehicle shall be driven as nearly as practical entirely
    within a single lane and shall not be moved from the lane until such
    movement can be made with reasonable safety.


    This is used more for lane straddling which leads to most dui arrests... The key words are "clearly marked lanes of traffic", which there are none in an intersection.. Can you cite for it, sure you can. Will you win in traffic court. I sayYES and NO depending on who the judge is and how well the offender states his case. If I were cited for this section for a lane change in an intersection I would argue the point that there is NO "clearly marked lanes of traffic" in the intersection, which the cvc states there must be for THIS section... So like I said, cite for it and its 50/50 if you would win in traffic court.

    But to the OP, There is no CVC saying you can not make a lane change in an intersection.
    Last edited by Feb2nd1979; 04-17-2011 at 09:28 PM.

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    If there are solid lines controlling traffic through an intersection, i.e., multiple left or right turn lanes, you may not change lanes. No lines or broken lines, then a lane change is allowed.

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    Quote Originally Posted by eagleI View Post
    If there are solid lines controlling traffic through an intersection, i.e., multiple left or right turn lanes, you may not change lanes. No lines or broken lines, then a lane change is allowed.
    What is the code section for that?
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    At an intersection with 2 forward lanes and a left only lane, if someone enters the intersection from the left only lane and then decides to proceed forward, he can be cited for violating the left only restriction, even though he's effectively moved from the left only lane to the the left through lane while in the intersection. In general the rules and markings that precede the intersection are active through the intersection. And reasonable safety matters most.

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    Quote Originally Posted by Monty Ealerman View Post
    At an intersection with 2 forward lanes and a left only lane, if someone enters the intersection from the left only lane and then decides to proceed forward, he can be cited for violating the left only restriction, even though he's effectively moved from the left only lane to the the left through lane while in the intersection. In general the rules and markings that precede the intersection are active through the intersection. And reasonable safety matters most.
    So your saying going straight(merging to the right in the intersection) from a left turn pocket lane at an intersection??.. CVC 22101(d) could use 21461(a) failure to obey sign.... but still NO cvc saying you can not merge from continuing foward lanes in the intersection.
    Last edited by Feb2nd1979; 04-18-2011 at 12:22 AM.

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    Quote Originally Posted by Monty Ealerman View Post
    At an intersection with 2 forward lanes and a left only lane, if someone enters the intersection from the left only lane and then decides to proceed forward, he can be cited for violating the left only restriction, even though he's effectively moved from the left only lane to the the left through lane while in the intersection. In general the rules and markings that precede the intersection are active through the intersection. And reasonable safety matters most.
    I don't think this is quite what this thread is about, but a citation for the proposition that "the rules and markings that precede the intersection are active through the intersection" would be of interest.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    22107 CVC is the section to use for an unsafe movement. It does not require a lane change.

    21658(a) CVC is the section to use for an unsafe LANE change.

    There is no specific section that prohibits a lane change while traversing an intersection; except, 21752(d) CVC which prohibits the passing of a vehicle, to the left of the center of the roadway, within 100 feet of or while traversing an intersection.
    When Driving on Left Prohibited

    21752. No vehicle shall be driven to the left side of the roadway under the following conditions:

    (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

    (b) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.

    (c) When approaching within 100 feet of or when traversing any railroad grade crossing.

    (d)When approaching within 100 feet of or when traversing any intersection.

    This section shall not apply upon a one-way roadway.

    Amended Sec. 7, Ch. 596, Stats. 2000. Effective January 1, 2001.
    This specific section is the often misquoted and misinterpreted by many as prohibiting the passing of a vehicle through an intersection - it ONLY applies when you CROSS the center line!

    In times gone by, there were not as many multi-lane roadways in the country and to pass another vehicle meant you had to cross the center line to do so. For those of you who are working rural roadways, this is a terrific section; especially, if you are alert and remember that an intersection is the area encompassed within lateral curb lines. An intersection does not require "THROUGH STREETS" - it can be created by any roadway meeting with another roadway.

    Also, passing on the right is not a violation of law unless: 1. it is done unsafely; or, 2. off the main traveled portion of the roadway - paved or unpaved! 21755 CVC.
    Last edited by SgtCHP; 04-18-2011 at 09:00 AM.
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    According to the Late Great Worley Jones (RIP)......his repsonse to that question, was in fact it was a myth....his reasoning was there are no Lanes in an intersection.......

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    We used 21461a. I never had it contested or kicked back.

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    Quote Originally Posted by eagleI View Post
    We used 21461a. I never had it contested or kicked back.
    21461(a) CVC has nothing to do with lanes. It addresses "Official Traffic Control Devices!"
    Obedience by Driver to Official Traffic Control Devices

    21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.

    (b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).

    Amended Sec. 1, Ch. 203, Stats. 2004. Effective January 1, 2005.
    Those are signs, signals and markings. There are, generally speaking, no markings through an intersection; ergo, no violation. Of course, you may use whatever section you think applies; but, the fact remains, unless another vehicle, or pedestrian, has been affected by the movement of another vehicle to the left or right, while within an intersection, there is no violation! If another is affected, then section 22107 CVC is the appropriate section.
    Turning Movements and Required Signals

    22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

    Amended Ch. 1996, Stats. 1959. Effective September 18, 1959.
    If, by chance, the intersection has lines that delineate lanes (Not likely) the appropriate section to use for a movement would be 21685(a) CVC

    Laned Roadways

    21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:

    (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

    (b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

    Amended Ch. 450, Stats. 1975. Effective January 1, 1976.

    Intersection

    365. An "intersection" is the area embraced within the prolongations of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

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  18. #18
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    Talking

    As many have stated already.....just an old wives tale. Lane change in an intersection is legal if done safely. If it is done unsafely then you have to make sure the trooper had his hat on or make three right hand turns before he stops you or its not a good stop

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    LOL...im sitting here reading all of this and thinking you must all be motors/traffic guys....the only section i find is "PC to stop"
    The RANGER God cried from above
    Lightning flashed from the darkened sun
    Hailstones fell and the earth did mourn
    It was a solem day for all Airborne
    June 2001 will be
    A tragic piece of RANGER history
    Time stood still on that cursed day
    Cuz legs were donning black berets

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    Quote Originally Posted by Ranger Hoot View Post
    LOL...im sitting here reading all of this and thinking you must all be motors/traffic guys....the only section i find is "PC to stop"
    Not me, although I used to work a lot of traffic in my younger years.

    Knowing the code sections is useful for putting in your arrest report, especially for those obscure violations that people do not know are illegal. And if something is not illegal, you want to find something else to use for PC.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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    Agreed DAL, a good working knowledge of the VC is essential. However, I am not racking my brain for codes/spec. sections when jamming. I usually am focused on a million other rapidly evolving observations regarding my hook that is ....about to occur.
    The RANGER God cried from above
    Lightning flashed from the darkened sun
    Hailstones fell and the earth did mourn
    It was a solem day for all Airborne
    June 2001 will be
    A tragic piece of RANGER history
    Time stood still on that cursed day
    Cuz legs were donning black berets

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    Quote Originally Posted by Ranger Hoot View Post
    LOL...im sitting here reading all of this and thinking you must all be motors/traffic guys....the only section i find is "PC to stop"
    hahhaa I'm studying to put in for motors..... I was def like you before this.. I think I averaged maybe 2 cites a month!!

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    Quote Originally Posted by Ranger Hoot View Post
    Agreed DAL, a good working knowledge of the VC is essential. However, I am not racking my brain for codes/spec. sections when jamming. I usually am focused on a million other rapidly evolving observations regarding my hook that is ....about to occur.
    Then, you want some easy pickings. Here are a couple:

    Headlamps and their adjustments -
    Upper and Lower Beam

    24407. Multiple-beam road lighting equipment shall be designed and aimed as follows:

    (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

    (b) There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least 100 feet ahead. On a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

    Amended Ch. 547, Stats. 1963. Effective September 20, 1963.
    Turn Signals:
    Visibility Requirements of Signals

    24952. A lamp-type turn signal shall be plainly visible and understandable in normal sunlight and at nighttime from a distance of at least 300 feet to the front and rear of the vehicle, except that turn signal lamps on vehicles of a size required to be equipped with clearance lamps shall be visible from a distance of 500 feet during such times.

    Amended Ch. 1012, Stats. 1965. Effective September 17, 1965.
    Windshield Wipers:
    Condition and Use of Windshield Wipers

    26707. Windshield wipers required by this code shall be maintained in good operating condition and shall provide clear vision through the windshield for the driver. Wipers shall be operated under conditions of fog, snow, or rain and shall be capable of effectively clearing the windshield under all ordinary storm or load conditions while the vehicle is in operation.
    Note: Any pitting, cuts, torn wiper blades do not meet the requirements.

    Obstructed Vision:
    Material Obstructing or Reducing Driver’s View

    26708. (a) (1) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

    (2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows.

    (3) This subdivision applies to a person driving a motor vehicle with the driver’s clear vision through the windshield, or side or rear windows, obstructed by snow or ice.

    (b) This section does not apply to any of the following:

    (1) Rearview mirrors.

    (2) Adjustable nontransparent sunvisors that are mounted forward of the side windows and are not attached to the glass.

    (3) Signs, stickers, or other materials that are displayed in a ( )1 seven-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials that are displayed in a ( )1 seven-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials that are displayed in a ( )2 five-inch square in the lower corner of the windshield nearest the driver.

    (4) Side windows that are to the rear of the driver.

    (5) Direction, destination, or terminus signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver’s clear view of approaching traffic.

    (6) Rear window wiper motor.

    (7) Rear trunk lid handle or hinges.

    (8) The rear window or windows, if the motor vehicle is equipped with outside mirrors on both the left- and righthand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

    (9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and that occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and that provides the driver with a wide-angle view through the lens.

    (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.

    (11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than ( )3 five inches square, if the device provides either of the following:

    (A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

    (B) The capability for electronic toll and traffic management on public or private roads or facilities.

    (12) A portable Global Positioning System (GPS), which may be mounted in a ( )1 seven-inch square in the lower corner of the windshield farthest removed from the driver or in a ( )2 five-inch square in the lower corner of the windshield nearest to the driver and outside of an airbag deployment zone, if the system is used only for door-to-door navigation while the motor vehicle is being operated.

    (13) (A) A video event recorder with the capability of monitoring driver performance to improve driver safety, which may be mounted in a seven-inch square in the lower corner of the windshield farthest removed from the driver, in a five-inch square in the lower corner of the windshield nearest to the driver and outside of an airbag deployment zone, or in a five-inch square mounted to the center uppermost portion of the interior of the windshield. As used in this section, “video event recorder” means a video recorder that continuously records in a digital loop, recording audio, video, and G-force levels, but saves video only when triggered by an unusual motion or crash or when operated by the driver to monitor driver performance.

    (B) A vehicle equipped with a video event recorder shall have a notice posted in a visible location which states that a passenger’s conversation may be recorded.

    (C) Video event recorders shall store no more than 30 seconds before and after a triggering event.

    (D) The registered owner or lessee of the vehicle may disable the device.

    (E) The data recorded to the device is the property of the registered owner or lessee of the vehicle.

    (F) When a person is driving for hire as an employee in a vehicle with a video event recorder, the person’s employer shall provide unedited copies of the recordings upon the request of the employee or the employee’s representative. These copies shall be provided free of charge to the employee and within five days of the request.

    (c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:

    (1) The bottom edge of the material is at least 29 inches above the undepressed driver’s seat when measured from a point ( )3 five inches in front of the bottom of the backrest with the driver’s seat in its rearmost and lowermost position with the vehicle on a level surface.

    (2) The material is not red or amber in color.

    (3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.

    (4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.

    (d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

    (1) The material has a minimum visible light transmittance of 88 percent.

    (2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

    (3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun’s harmful ultraviolet A rays.

    (4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and the certificate identifies the installing company and the material’s manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material’s manufacturer certifying that the windows with the material installed according to manufacturer’s instructions meet the requirements of this subdivision and the certificate identifies the material’s manufacturer by full name and street address.

    (5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

    Amended Sec. 1, Ch. 413, Stats. 2008. Effective January 1, 2009.
    Amended Sec. 181, Ch. 140, Stats. 2009. Effective January 1, 2010.
    Amended Sec. 1, Ch. 458, Stats. 2010. Effective January 1, 2011.
    The 2010 amendment added the italicized material, and at the point(s) indicated, deleted the following:
    1. “7-inch”
    2. “5-inch”
    3. “5”
    Note: No TVs visible to the driver; no rosaries, dice, graduation memorabilia, etc hanging from the rear view mirror. GPS devices must be located in the ( )1 seven-inch square in the lower corner of the windshield farthest removed from the driver or in a ( )2 five-inch square in the lower corner of the windshield nearest to the driver and outside of an airbag deployment zone, if the system is used only for door-to-door navigation while the motor vehicle is being operated.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  24. #24
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    Those are good Sgt., but it seems 99% of stops can be performed with a handful of sections. Off the top of my head....

    Vehicle

    26708(a)(1)
    24252(a)
    24601
    22107
    22100(a)
    22100(b)
    22450(a)
    5200(a)
    R/O addr returns are a great tool if all else fails, addtl PC as well


    Bikes

    21201(d)
    21202(a)
    21201.5(b)
    21650.1

    Ped

    21641.5
    21956
    21954(a)
    whatever muni code a copp'r may have for littering is good (cig ash)

    Those have done me right in my limited time in patrol....
    The RANGER God cried from above
    Lightning flashed from the darkened sun
    Hailstones fell and the earth did mourn
    It was a solem day for all Airborne
    June 2001 will be
    A tragic piece of RANGER history
    Time stood still on that cursed day
    Cuz legs were donning black berets

  25. #25
    DAL
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    Personally, I like CVC §§ 24008, 27600, 24251, 25950, and 26708.5, plus 13 C.C.R. § 1085.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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