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Running a Red Light vs. Failure to Stop

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  • 03-10-2013, 04:28 PM
    safari1
    Running a Red Light vs. Failure to Stop
    My question involves a traffic ticket from the state of: California
    Is there still a distinction in California between 21453a (running a red light) and 21453b (failure to stop on a red light prior to making a right turn)? I can't find any current references to the fine for 21453b.
  • 03-10-2013, 05:17 PM
    That Guy
    Re: California VC 21453
    Quote:

    Quoting safari1
    View Post
    My question involves a traffic ticket from the state of: California
    Is there still a distinction in California between 21453a (running a red light) and 21453b (failure to stop on a red light prior to making a right turn)? I can't find any current references to the fine for 21453b.

    There is in fact a distinction between subsections (a) and (b) of 21453.

    Both violation would be based upon a driver failing to make a stop as required under subsection (a), subsection (b) then adds an additional requirement to clear the adjacent crosswalk to the right and any traffic that is approaching from the left, only to make a right turn afterwards. But just because you made a right turn does not mean that you can only be cited for (b); you could conceivably get cited in violation of (a) as well.

    21453

    (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.

    The fine for subsection (a) is $490, whereas for subsection (b) and even though it has 2 requirements, is $238. The defendant has no choice in which one s/he gets tried for though.
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