SDPD - San Diego Police Department California Vehicle Code Questions and Answers — Questions and Answers
Question 1: An SDPD officer on patrol observes a vehicle approaching an intersection with an inoperative traffic signal. All four directions have stop signs. Two vehicles arrive at the intersection at the same time from different highways. According to the California Vehicle Code, which vehicle has the right-of-way?
- The vehicle on the right. (Correct answer)
- The vehicle that is traveling straight.
- The vehicle on the left.
- The vehicle that signals its intention first.
Correct answer: The vehicle on the right.
CVC 21800(c) states that when two vehicles enter an intersection from different highways at the same time and the intersection is controlled by stop signs in all directions, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right.
Question 2: An officer pulls over a driver for a routine traffic violation. The driver is 25 years old and has a 17-year-old passenger in the front seat. Neither are wearing a seat belt. Which of the following is the most accurate statement regarding the seat belt violation(s) under CVC 27315?
- The driver is responsible for their own violation, but not the passenger's.
- Both the driver and the passenger can be cited for failing to wear a seat belt. (Correct answer)
- Only the driver can be cited, as they are responsible for all occupants.
- A warning should be issued since it is a first offense for the passenger.
Correct answer: Both the driver and the passenger can be cited for failing to wear a seat belt.
According to CVC 27315, a person shall not operate a motor vehicle unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Therefore, both the driver and the 17-year-old passenger are in violation and can be individually cited.
Question 3: An SDPD officer stops a vehicle for speeding in heavy fog. The driver was traveling at the posted speed limit of 50 mph, but the officer determines the speed was unsafe for the current conditions. Which California Vehicle Code section best supports the officer's citation?
- CVC 22349 - Maximum Speed Law
- CVC 22352 - Prima Facie Speed Limits
- CVC 23103 - Reckless Driving
- CVC 22350 - Basic Speed Law (Correct answer)
Correct answer: CVC 22350 - Basic Speed Law
CVC 22350, the Basic Speed Law, states that no person shall drive at a speed greater than is reasonable or prudent having due regard for weather, visibility, and traffic conditions. Even if driving at the posted limit, the speed can be unlawful if it's unsafe for the conditions, such as heavy fog.
Question 4: During a traffic stop for an infraction, under which of the following circumstances is a peace officer required by CVC 40302 to take the violator into custody and directly before a magistrate?
- The violator argues about the legality of the traffic stop.
- The violator refuses to provide a written promise to appear in court. (Correct answer)
- The violator does not have proof of insurance in the vehicle.
- The violator has a prior traffic citation within the last year.
Correct answer: The violator refuses to provide a written promise to appear in court.
CVC 40302 mandates that a person arrested for a non-felony violation of the code shall be taken before a magistrate if they refuse to give their written promise to appear in court (i.e., sign the citation).
Question 5: An officer observes a driver weaving within their lane and initiates a traffic stop. The driver exhibits signs of impairment but a preliminary alcohol screening (PAS) test shows a Blood Alcohol Content (BAC) of 0.06%. Can the officer still arrest the driver for DUI?
- No, the driver's BAC is below the 0.08% per se limit.
- Yes, under CVC 23152(a), if the alcohol has impaired their ability to drive safely. (Correct answer)
- No, a BAC below 0.08% only allows for a citation for unsafe driving.
- Yes, but only if the driver is under 21 years old.
Correct answer: Yes, under CVC 23152(a), if the alcohol has impaired their ability to drive safely.
CVC 23152(a) makes it unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. A conviction can occur even if the BAC is below 0.08%, as long as it can be proven that the alcohol impaired the person's ability to drive with the caution of a sober person.
Question 6: An SDPD officer is at an intersection with a steady red circular traffic light. The driver of a vehicle comes to a complete stop at the marked limit line and then proceeds to make a right turn. However, there is a sign posted that explicitly says "NO TURN ON RED". Which CVC section has the driver violated?
- CVC 21800 - Right-of-Way
- CVC 22107 - Turning Movements and Required Signals
- CVC 21453 - Red Signals (Correct answer)
- CVC 22450 - Stop Requirements
Correct answer: CVC 21453 - Red Signals
CVC 21453(b) allows for a right turn after stopping at a red light, but this is only permissible if there is no sign prohibiting the turn. By turning right despite the prohibitory sign, the driver has violated CVC 21453.
An SDPD officer on patrol observes a vehicle approaching an intersection with an inoperative traffic signal.
All four directions have stop signs.
Two vehicles arrive at the intersection at the same time from different highways.
According to the California Vehicle Code, which vehicle has the right-of-way?