Vehicle Code 21464 VC - Defacing or Interfering with a Traffic Control Device
California Vehicle Code 21464 VC makes it a crime to deface or interfere with traffic control devices. Violations of the law are typically filed as a misdemeanor that carries a fine of up to $5,000 but could be filed as a felony if someone is injured or killed.
Simply put, VC 21464 VC prohibits intentional defacement, damage, removal, or interference with traffic signs or signals. The penalties are severe because these devices are crucial for road safety.
VC 21464 says, “(a) A person, without lawful authority, may not deface, injure, attach any material or substance to, knock down, or remove, nor may a person shoot at, any official traffic control device, traffic guidepost, traffic signpost, motorist callbox, or historical marker placed or erected as authorized or required by law, nor may a person without lawful authority deface, injure, attach any material or substance to, or remove, nor may a person shoot at, any inscription, shield, or logo on any device, guide, or marker.
(b) A person may not use, and a vehicle other than an authorized emergency vehicle or a public transit passenger vehicle may not be equipped with, any device, including, but not limited to, a mobile infrared transmitter, that is capable of sending a signal that interrupts or changes the sequence patterns of an official traffic control signal unless that device or use is authorized by the Department of Transportation pursuant to Section 21350 or by local authorities pursuant to Section 21351.
(c) A person may not buy, possess, manufacture, install, sell, offer for sale, or otherwise distribute a device described in subdivision (b), including, but not limited to, a mobile infrared transmitter (MIRT), unless the purchase, possession, manufacture, installation, sale, offer for sale, or distribution is for the use of the device by a peace officer or other person authorized to operate an authorized emergency vehicle or a public transit passenger vehicle, in the scope of his or her duties.
(d) Any willful violation of subdivision (a), (b), or (c) that results in injury to, or the death of, a person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for a period of not more than six months, and by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).
(e) Any willful violation of subdivision (a), (b), or (c) that does not result in injury to or the death of a person is punishable by a fine of not more than five thousand dollars ($5,000).
(f) The court shall allow the offender to perform community service designated by the court instead of all or part of any fine imposed under this section.”
What is a Traffic Control Device?
A traffic control device is a sign, signal, or device erected by authorized state authorities to regulate, warn, or guide traffic, such as the following:
- Traffic lights,
- Traffic guidepost,
- Motorist callbox,
- Road markings,
- Historical markers.
Defacing or interfering with a traffic control device means unlawfully modifying, damaging, destroying, knocking over, removing, changing, damaging, destroying, knocking down, removing, or altering these devices.
Further, it's also illegal to somehow hinder the regular operation of these devices, such as using a device capable of interrupting a traffic control signal's sequence pattern, such as utilizing a mobile infrared transmitter (MIRT). The law also prohibits hindering their visibility or buying, possessing, making, selling, or distributing such a device.
What Are the Exceptions?
If somebody has the lawful authority to modify, remove, or interrupt the operation of a traffic control device, they are exempt from VC 21464 prosecution, such as the following:
- Emergency vehicles equipped with a mobile infrared transmitter (MIRT) to keep traffic signals from changing when responding to a call.
- Public buses with a MIRT to help them stay on schedule.
- California Department of Transportation (Caltrans) contractors replace old or damaged signs or perform traffic signal maintenance.
What are Related Crimes?
Several California laws are related to Vehicle Code 21464 VC defacing or interfering with a traffic control device, including the following:
- Vehicle Code 21709 VC – driving through a safety zone,
- Vehicle Code 21663 VC – driving on the sidewalk,
- Vehicle Code 21209 VC – driving on a bike lane,
- Penal Code 409.5 PC – unauthorized entry emergency area,
- Penal Code 594 PC – vandalism is maliciously damaging, destroying, or defacing another person's property. If you intentionally damage a traffic control device, you could be charged with VC 21464 and PC 594.
- Penal Code 415 PC – disturbing the peace.
What Are the Penalties for VC 21464?
VC 21464 is typically charged as a misdemeanor offense carrying up to six months in a county jail and a hefty fine of $5,000 and up to 6 months in jail.
Suppose someone is hurt or killed. In that case, you could face felony charges with a penalty of up to 3 years in prison and fined at least $5,000 or up to $10,000.
The court can impose community service instead of a fine if the judge deems it appropriate. Sometimes, VC 21464 is a “wobbler” that can be charged as a misdemeanor or a felony.
What Are the Legal Defenses for VC 21464?
A California criminal defense attorney can use different strategies for charges of allegedly violating Vehicle Code 21464 VC defacing or interfering with traffic control devices.
Maybe we can argue that there was a lack of intent. To convict you, the prosecution must prove your actions were willful. Perhaps we can say the interference or defacement was an accident. If successful, you could avoid a conviction.
Maybe we can argue that it was not legally a traffic control device. Perhaps we can say that while you may have defaced an object, it does not meet the legal definition of a traffic control sign or device.
Perhaps you were legally authorized, and we can get the charges dismissed. Maybe we can negotiate with the prosecution to avoid the formal filing of criminal charges (DA reject). Contact our law firm for a free case evaluation and to discuss legal options. Cron, Israels & Stark is based in Los Angeles, CA.
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