Wrong Way Driving in California (CVC 21651)
Wrong way driving is one of the most dangerous traffic violations—but citations often result from confusion, poor signage, or simple mistakes. Here's what you need to know about the law and your defense options.
Wrong Way Driving Quick Facts
California Wrong Way Driving Laws
CVC 21651(a) - Crossing Divided Highway Barrier
This section prohibits driving to the left of a dividing section (median, barrier, cones) on a divided highway. It's typically charged as an infraction with a fine of approximately $238.
CVC 21651(b) - Driving Against Traffic
This section prohibits driving in a direction other than designated for traffic. This can be charged as a misdemeanor, especially if done willfully or resulting in injury. Penalties include up to $1,000 fine and up to 6 months in jail.
Common Scenarios
- Entering a one-way street the wrong direction
- Using an exit ramp as an entrance
- Crossing over a median on a divided highway
- Driving against traffic flow to make a turn
- Backing up on a highway or freeway
Defense Strategies
1. Inadequate Signage
If signs were missing, obscured, or confusing, you may have a valid defense. Document the intersection with photos showing:
- Missing "Do Not Enter" or "Wrong Way" signs
- Signs obscured by vegetation, other signs, or vehicles
- Faded or damaged signs that were unreadable
- Confusing lane markings or traffic patterns
2. Emergency Situation
If you briefly traveled the wrong way to avoid a hazard, respond to an emergency, or at the direction of emergency personnel, this may be a valid defense.
3. Momentary Entry
If you realized the mistake immediately and safely corrected course, you can argue the violation was brief, unintentional, and didn't create a hazard.
4. Challenge Misdemeanor to Infraction
If charged under CVC 21651(b) as a misdemeanor, you may be able to negotiate reduction to an infraction under CVC 21651(a), especially if no one was endangered and it was clearly accidental.
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Frequently Asked Questions
Will wrong way driving suspend my license?
A single violation typically won't result in license suspension. However, if charged as a misdemeanor or if it results in injury, the court may impose suspension as part of the sentence.
Is this the same as reckless driving?
Wrong way driving is a separate violation, though it can be charged alongside reckless driving if the conduct was particularly dangerous. Reckless driving requires "willful disregard" for safety, which wrong way driving doesn't necessarily demonstrate.
Can I go to traffic school?
If charged as an infraction and you're eligible (haven't attended in 18 months), traffic school may be an option to mask the point. Misdemeanor charges are not eligible for traffic school.