Failure to Drive on Right Side of Roadway
Operating a vehicle on the left side of a roadway when required by law to drive on the right half, except when passing or when the right side is obstructed.
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Failure to Drive on Right Side of Roadway ticket?
This violation is issued when you're caught driving on the left side of the road when you should have been on the right. California law requires vehicles to stay on the right half of the roadway unless you're passing another vehicle, avoiding an obstruction, or following specific road markings.
A CVC 21650(a) ticket costs approximately $238–$350 and adds 1 point to your DMV record. That point stays on your record for 3 years and can increase your auto insurance rates by 15-25% annually.
One point on your record for this violation can increase insurance premiums by 15-25% for about 3 years. Attending traffic school or successfully contesting the ticket can prevent this increase.
What the Law Says
Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows: when overtaking and passing another vehicle, when the right half is closed to traffic, or on a roadway divided into three marked lanes.
What the Officer Must Prove
- 1You were driving on a two-way road
- 2You were not on the right half of the roadway
- 3No exception under CVC 21650 applied
How Drivers Get This Ticket
A driver drifts into the oncoming lane while distracted by their phone on a two-lane rural road.
Likely valid ticket — distraction is not a legal exception for driving on the wrong side.
A driver moves left to avoid a large pothole or debris in the right lane.
May have valid defense — avoiding hazards or obstructions is a recognized exception under the law.
A driver briefly crosses the center line while passing a slower vehicle on a road with broken yellow lines.
Valid defense — lawful passing maneuvers are expressly permitted under CVC 21650(a).
A driver takes a wide turn at an intersection and momentarily enters the wrong side of the cross street.
Likely valid ticket — turning does not qualify as an exception to the right-side requirement.
Common Defenses for Failure to Drive on Right Side of Roadway
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Exception: passing, turning, or hazard
CVC 21650(a) requires driving on the right side of the roadway. Exceptions include: when passing another vehicle, making a left turn, when the right side is blocked, or when on a one-way street. If any exception applied, document it.
One-way street
On a one-way street, you may drive in any designated lane. Verify the road configuration.
How to Address This in Your Declaration
- ✓Photos of the road showing obstructions, potholes, or hazards on the right side
- ✓Documentation of road construction or lane closures at the time
- ✓Dashcam footage showing the circumstances of your lane position
- ✓Photos of road markings or signage that may have been unclear
- ✓Witness statements confirming the presence of obstacles or hazards
- ✓Google Maps or Street View images showing road conditions
⚠️ What NOT to Do
- ✗Admitting you weren't paying attention or were distracted
- ✗Claiming you were passing when you weren't in a legal passing zone
- ✗Failing to document road conditions or obstructions immediately after the incident
- ✗Arguing that traffic was light so it didn't matter which side you drove on
- ✗Missing your court deadline and having the ticket become a default judgment
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Frequently Asked Questions About Failure to Drive on Right Side of Roadway
Is briefly crossing the center line illegal under CVC 21650(a)?▼
Not necessarily. The law allows crossing into the left side for passing, avoiding obstructions, or when road conditions require it. A brief, momentary crossing for a valid reason may be defensible.
Can I fight this ticket if I was avoiding a hazard?▼
Yes. Avoiding road hazards is a recognized exception under CVC 21650(a). Document the hazard with photos if possible and explain the circumstances in your defense.
Does this ticket count as reckless driving?▼
No, CVC 21650(a) is a standard moving violation, not reckless driving. However, if combined with other dangerous behavior, additional charges could potentially apply.
What if the road lines were faded or unclear?▼
Unclear road markings can be a valid defense point. If you couldn't reasonably determine the roadway's center, document this with photos showing the road conditions.
Will this violation appear on a background check?▼
Traffic infractions like CVC 21650(a) typically don't appear on criminal background checks. However, it will appear on your DMV driving record, which employers may check for driving-related positions.
Traffic School Option
Most drivers cited for CVC 21650(a) qualify for traffic school if they haven't attended in the past 18 months and hold a valid non-commercial license. Completing traffic school masks the point from your insurance company.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.