California Vehicle Code 38300 – Failure to Obey a Traffic Control Device

Every day, thousands of drivers across California receive traffic tickets for allegedly failing to follow a road sign or signal. One of the most commonly cited — yet widely misunderstood — traffic laws is California Vehicle Code 38300.

At first glance, this violation may seem minor. However, a ticket under this code can result in fines, DMV points, higher insurance premiums, and long-term consequences for your driving record. Many drivers simply pay the ticket without realizing they may have options to fight it — or that the financial impact could far exceed the initial fine.

This comprehensive guide explains everything you need to know about California Vehicle Code 38300, including what it means, common examples of violations, penalties, DMV consequences, possible defenses, and what steps to take if you’ve been cited.

What Is California Vehicle Code 38300?

California Vehicle Code 38300 makes it unlawful for a driver to disobey an official traffic control device that has been properly placed by government authorities.

In simple terms:

If there is a legally installed sign, signal, or roadway marking telling you what to do — you must follow it.

This law applies to drivers operating vehicles on public roads throughout California.

What Is a “Traffic Control Device”?

A traffic control device includes any official sign, signal, marking, or device placed by a city, county, state, or other authorized agency to regulate traffic.

Common examples include:

• Stop signs

• Red, yellow, and green traffic lights

• Yield signs

• Speed limit signs

• “No Left Turn” or “No U-Turn” signs

• School zone signs

• Pedestrian crossing signals

• Lane direction arrows

• Railroad crossing signals

• Do Not Enter / Wrong Way signs

If the device is official and properly installed, drivers are legally required to obey it.

Common Examples of Violations Under § 38300

Drivers are most commonly cited under this code section for:

• Rolling through a stop sign

• Running a red light (in certain non-camera situations)

• Ignoring a “No Turn” sign

• Turning from the wrong lane despite posted arrows

• Failing to yield when a sign requires it

• Disobeying posted lane restrictions

• Ignoring temporary construction traffic signs

In many cases, this code is used when an officer believes a driver disregarded a sign but the conduct does not fall under a more specific traffic statute.

Is CaliforniaVehicle Code 38300 a Moving Violation?

This is one of the most searched questions online.

The short answer: It can be.

In many California counties, a violation of § 38300 is treated as a one-point moving violation. That means:

• One point may be added to your DMV driving record

• Insurance premiums could increase

• Accumulating multiple points may lead to license suspension

However, in some limited circumstances or court practices, it may be treated as a zero-point infraction. The outcome can depend on how the court categorizes the specific violation.

If you are concerned about DMV points, check your citation paperwork or consult a traffic attorney.

How Much Is the Fine for California Vehicle Code 38300?

Although the base fine may appear low, California traffic tickets include mandatory state and county penalty assessments.

In most cases, drivers can expect:

• Total fines typically ranging between $230 and $300, depending on the county

• Higher costs if traffic school is added

• Additional administrative fees if the ticket goes to collections

The exact amount will be listed on your courtesy notice from the court.

Will This Affect My Insurance?

If the violation results in a DMV point:

• Insurance companies may view you as a higher risk

• Your premium could increase for three years

• The increase may exceed the original fine amount

This is why many drivers choose to:

• Attend traffic school (if eligible)

• Contest the ticket

• Seek legal guidance

Can You Go to Traffic School for a § 38300 Ticket?

In most cases, yes — if:

• You have a valid California driver’s license

• You were not driving a commercial vehicle

• You have not attended traffic school within the last 18 months

• The violation qualifies as eligible

Traffic school generally prevents the point from appearing on your public driving record (though the court still sees it).

You must request traffic school and pay the associated fees by the deadline.

Legal Defenses to a California Vehicle Code 38300 Citation

Not every citation is automatically valid. Several defenses may apply depending on the situation.

1. The Sign Was Not Properly Placed

The law only applies to official traffic control devices installed under legal authority. If:

• The sign was obstructed

• The sign was missing

• The sign was improperly placed

• The sign was not visible

You may have grounds to challenge the citation.

2. The Officer’s Observation Was Incorrect

Officers can make mistakes. Examples include:

• Misjudging whether you fully stopped

• Being positioned where visibility was limited

• Confusing your vehicle with another

In contested hearings, the burden remains on the prosecution to prove the violation occurred.

3. Emergency Necessity

If you disobeyed a sign to avoid:

• A collision

• A pedestrian hazard

• Road debris

• An immediate safety threat

A necessity defense may apply in limited circumstances.

4. Inadequate Notice

If signage was unclear, damaged, or hidden by foliage or construction equipment, that can be relevant to your defense.

What Happens If You Ignore the Ticket?

Ignoring a California traffic ticket is a serious mistake.

If you fail to:

• Appear in court

• Pay the fine

• Request traffic school

• Request an extension

The court may:

• Add additional civil penalties

• Send the matter to collections

• Place a hold on your driver’s license

• Charge you with failure to appear (which can be a misdemeanor offense)

Always respond before the deadline printed on your citation.

How Long Does a Point Stay on Your Record?

If a point is assessed:

• It typically remains on your driving record for three years

• Insurance companies may use it to calculate risk

• Multiple points within a short time can trigger negligent operator status

California may suspend a driver’s license if they accumulate:

• 4 points in 12 months

• 6 points in 24 months

• 8 points in 36 months

Can You Fight a California Vehicle Code 38300 Ticket?

Yes. Drivers have the right to:

• Request a court trial

• Submit a Trial by Written Declaration

• Appear with legal representation

In some cases, tickets are dismissed due to:

• Officer non-appearance

• Procedural errors

• Insufficient evidence

Because insurance increases can cost far more than the fine itself, contesting the ticket may be financially worthwhile.

Why Police Sometimes Use § 38300 Instead of a Specific Code

Officers sometimes cite § 38300 when:

• The conduct involves disobeying signage but doesn’t fit a narrower statute

• They are issuing a more general violation

• The situation involves temporary or less common traffic devices

It functions as a broad “failure to obey traffic control device” law.

Take Action to Protect Your Driving Record

A violation of California Vehicle Code 38300 may seem minor — but the long-term financial impact can be significant. If you’ve received a ticket for failure to obey a traffic control device, don’t simply pay it without understanding your rights and options. Contact Southwest Legal today for a free consultation. Our experienced traffic defense team can review your citation, evaluate possible defenses, and work to protect your driving record and insurance rates. Your license matters. Your record matters.