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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default California 21453c Stopped Late for a Red Light

    My question involves a traffic ticket from the state of: California

    I just got a ticket for failure to stop at a red light, and I am looking for advice about contesting it.

    I did stop, but I stopped late. By the time I stopped the entire car had crossed the first line of the crosswalk, and approximately 2/3 of the car had crossed the second line of the crosswalk into the intersection. At that point, I put the car into reverse, and started backing up. While I was backing up, the light turned green, and I proceeded through it. All of this is clearly seen on the video that was taken by the traffic cameras.

    So I definitely violated the law in terms of where I was supposed to stop, but it seems to me that I shouldn't be punished in the same way as somebody who didn't stop at all, but simply blew through the light, and made the turn. I definitely did not have any intention of running the light. My car was less responsive than usual because it had more weight in it (passengers and luggage) than is usual for me (this is an explanation not an excuse).

    Would folks recommend pleading innocent, or guilty with an explanation? Also would you recommend that I try to argue by declaration, or that this is something which I should actually go to court for? Any other advice about fighting this would be appreciated.

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: California 21453c Stopped Late for a Red Light

    The law provides,
    Quote Quoting VC Section 21453. Circular Red or Red Arrow
    (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).

    (b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.

    (c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.

    (d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
    There offense isn't blowing through the intersection; the offense is not stopping in advance of the intersection. I thus don't think your argument is going to get you any sympathy in court.

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