Re: VC 21453(A) Versus VC 21453(B) - Cited for the Wrong Code Section
Both subsections, (a) and (b), of VC21453 require a driver to stop before crossing the limit line while the light is red. And while the fine for subsection (b) is in fact lower that that for subsection (a), the officer has a choice to cite you for either one, in spite of the fact that you allegedly turned AFTER the alleged violation occurred. Since VC 21453(a) is worded in a way that does not exclude a violation committed before making a right turn, it applies equally to the circumstances you described (whether you made a turn after the violation of running a red light or not). Meaning the officer did not cite you for the "wrong" code.
You're free to make whatever argument you like. Ultimately, it is up to the judge to decide the outcome based on the officer's testimony, your cross examination of him and your testimony (if you choose to testify on your own behalf).
I am right 97% of the time... Who cares about the other 4%!