Wrong-Way Driving
Willfully driving on the wrong side of a divided highway in the direction of oncoming traffic.
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 Wrong-Way Driving ticket?
This violation occurs when you drive on the wrong side of a divided highway, meaning you're traveling against traffic on a road with a physical barrier or dividing section. It's considered a serious offense because of the high potential for head-on collisions.
With fines ranging from $238 to $490 and 1 DMV point, this violation can significantly increase your insurance rates for 3-5 years. The point stays on your record, and insurers view wrong-way driving as a serious safety risk.
Wrong-way driving is considered a serious violation by insurers. Expect rate increases of 20-40% for 3-5 years if the point appears on your record. Traffic school can prevent this increase by keeping the point confidential.
What the Law Says
What the Officer Must Prove
- 1You drove on the wrong side of a divided highway
- 2The highway was clearly divided
How Drivers Get This Ticket
A driver misses their freeway exit and makes a U-turn across the divider to go back
Cited for CVC 21651(b) wrong-way driving, even though the maneuver was brief
A driver enters a divided highway from a side street and turns left into oncoming traffic lanes by mistake
Cited for wrong-way driving despite claiming confusion about lane directions
Construction detours cause confusing signage and a driver briefly enters the wrong side before correcting
Driver successfully challenged ticket by documenting inadequate or missing signage at the construction zone
A driver uses a center turn lane on a divided road to travel straight for several hundred feet
Cited for wrong-way driving because the center lane is not a travel lane
Common Defenses for Wrong-Way Driving
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Consult an attorney
CVC 21651(b) (driving wrong-way on a divided highway) is a misdemeanor. Consult a traffic attorney immediately. Defenses include ambiguous road markings or a genuine emergency.
How to Address This in Your Declaration
- ✓Photos showing missing, damaged, or confusing road signs at the location
- ✓Documentation of construction zones or detours that created confusion
- ✓Weather reports showing poor visibility conditions at the time
- ✓Dashcam footage showing how the situation developed
- ✓Photos of faded lane markings or unclear road division
- ✓Witness statements supporting confusion or emergency circumstances
- ✓GPS data showing the route and any navigation errors
⚠️ What NOT to Do
- ✗Admitting to the officer that you knew you were going the wrong way
- ✗Failing to document road conditions, signage, or construction immediately after the incident
- ✗Assuming the ticket will be dismissed automatically because you corrected quickly
- ✗Ignoring the ticket deadline and missing your court date
- ✗Pleading guilty without exploring traffic school eligibility first
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Frequently Asked Questions About Wrong-Way Driving
Is wrong-way driving a misdemeanor in California?▼
CVC 21651(b) is typically an infraction, not a misdemeanor. However, if wrong-way driving causes injury or is combined with reckless driving, it can be charged as a misdemeanor with more serious penalties.
Can I get this ticket reduced to a lesser violation?▼
Prosecutors sometimes reduce charges during plea negotiations, especially if you have a clean record. However, this typically requires appearing in court or having representation rather than using Trial by Written Declaration.
What if I was following GPS directions that led me the wrong way?▼
Following GPS is generally not a valid legal defense because drivers are responsible for obeying road signs and markings. However, if signage was genuinely confusing or missing, that remains a viable defense regardless of GPS use.
How is a 'divided highway' defined under this law?▼
A divided highway has a physical barrier, unpaved median, or dividing section separating traffic going opposite directions. Simple double yellow lines without a physical separation may not qualify, which could be a defense in some cases.
Will this violation affect my commercial driver's license?▼
Yes, CDL holders face stricter consequences. This violation counts toward the serious violations that can lead to CDL disqualification, and CDL holders typically cannot mask points with traffic school.
Traffic School Option
Most drivers are eligible for traffic school to mask this point if they haven't attended in the past 18 months and hold a valid non-commercial license. Completing traffic school keeps the point off your public record and prevents insurance increases.
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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.