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Illegal Lane Change Caught by a Red Light Camera

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  • 07-26-2011, 07:59 AM
    RogerJ
    Illegal Lane Change Caught by a Red Light Camera
    My question involves a traffic ticket from the state of: California.
    A motorist was cited for a violation of 21453(c) running a red arrow. He was traveling at 25 mph in the left turn lane approaching a red light (red arrow). He swerved into the lane to his right as he crossed the limit line and proceeded straight through the intersection. The straight through lane had a green light. The red light camera captured this event and a citation was issued. I contend that he made an illegal lane change but did not run the red light. To have run the red light he would have had to turn left. I also contend that no citation can be issued by the red light camera officer since only a violation of 21453 can be photo enforced in California. The red light camera officer disagrees with me. Citation issued in Fremont CA.
  • 07-27-2011, 08:08 AM
    Mr. Knowitall
    Re: Illegal Lane Change Caught by a Red Light Camera
    If you are in a lane controlled by a red light, and you choose to blow through the red light, the fact that you could have proceeded lawfully in a different lane does not mean that you didn't blow through the red light.
    Quote:

    Quoting VC 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.

    Complaining that "only a violation of 21453 can be photo enforced in California" doesn't seem like a compelling defense to a citation "for a violation of 21453(c)".
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