CVC 21453B Citation

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

• Agency which wrote the ticket
Colma Police (San Mateo County, CA)

• Section(s) of the Vehicle Code you are charged with violating
VC 21453b (“yield before turn” as on the original ticket)

• Location of the alleged violation
Southgate Ave. and Junipero Serra Blvd. at Colma, CA
(This is a T-intersection very close to my house and I go through it very often.)

I was traveling on eastbound Southgate Ave. before making a right hand turn to southbound Junipero Serra Blvd. There were traffic lights controlling all directions in this T-intersection. Plus, a specific left-turn light controlls northbound Junipero Serra Blvd traffic turning to Southgate Ave.

I was facing a red light before turning right onto Junipero Serra. Since I saw cars making left turns from northbound Junipero Serra Blvd to Soughate, I know southbound traffic on Junipero Serra must be waiting for green light. And there was no pedestrian nor bicycles in my sight. Therefore I had nothing to yield to.

Shortly after I made my turn, I got pulled over by police. Although I did not see him before my turn, I am certain that he was at southbound traffic on Junipero Serra and facing a red light.

After researching on the web, I have decided to request for trial by declaration (TBD) and I know the key elements for my infraction are stopping at the right light and failure to yield. The only hard evidence I have so far are some pictures showing the intersection from my and the officer’s position of view (trying to prove that the office’s view is obstructed by other cars and electric poles so that he would not have a clear view of mine). But should I include them in the TBD or save them for the final court trial if needed?

Officer also had a very short conversation with me, saying that my turn almost caused an accident with him and it was too fast (unsafe). But I don't know if he recorded that and can that be used to my advantage? (again, no hard evidence here)

I checked that my traffic court may only have two commissioners so I may very well be facing the same judge on the court should my TBD be found guilty.

Since this is my first ticket in the last six years and I have never been on a traffic court, are there any defense strategy you can offer me relate to my case? Besides the pictures I have, it is basically my words against officer's. Do you think I have a chance to win?

Any input is appreciated and thanks in advance.
min

Since you have admitted to violating the statute, what defense are you planning on?

I don't understand what you are saying.

I stopped (but the officer did not have a clear view of that) and I yielded (actually there was nothing to yield to). Why should I get citation for these two elements? I just need to prove I am not guilty of either.

Since I have no hard evidence but pictures, I need your advice on how to defense.

Thanks and please read my case again.
min

Here is the section:

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.

In your post you wrote:

Quote:

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I was facing a red light before turning right onto Junipero Serra. Since I saw cars making left turns from northbound Junipero Serra Blvd to Soughate, I know southbound traffic on Junipero Serra must be waiting for green light. And there was no pedestrian nor bicycles in my sight. Therefore I had nothing to yield to.

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You write that you were "facing" a red light, but never said that you came to a COMPLETE stop at the limit line at the light. Did you?

Assuming you did stop, then you will have your say in your TBD and trial (of it goes to trial), and the officer will have his say. He will likely argue that he did not observe you come to a complete stop and that was a contributing factor his detention.

ALl you can really do is articulate what you can and bring in any photos that might help you prove your case ... though I am not sure how they will do that as you will argue the officer could NOT see you and he will argue that he could. Since he identified and stopped you, it's likely that he will prevail in that argument.

- Carl

Carl,

Thanks for putting your time and thoughts in my case. Really appreciated.

As for VC 21453B, I understand both elements, stopping at red and yield to oncoming traffic, have to be violated in order to get convicted, or did I misunderstand that? Are you saying I don't have a case as long as the officer can prove I was not stopping?

On a side note, since you are with the law enforcement, would you mind recalling how often do you see 21453b citations being given and if anyone has won their case?

Again, thanks for reading and replying.
min

Quote:

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Quoting nihao4587

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As for VC 21453B, I understand both elements, stopping at red and yield to oncoming traffic, have to be violated in order to get convicted, or did I misunderstand that? Are you saying I don't have a case as long as the officer can prove I was not stopping?

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If you did not stop, then you violated the section. If he can convince the judge that he had a clear and unobstructed view of your movement - even of PART of your car - and it was clear to him that you did not come to a complete stop, then he will likely prevail.

Quote:

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On a side note, since you are with the law enforcement, would you mind recalling how often do you see 21453b citations being given and if anyone has won their case?

---

I have known only one that was lost by an officer (who showed at trial). That was mine ... it was 1993 and my first ticket with a police department (I had been a deputy before that and we did not do traffic), and I cited the incorrect subsection (subsection (c)). Had I cited (b) I would have prevailed.

That is not to say it is impossible to prevail, but since the one key element is coming to a complete stop on a red prior to making the right turn, if that can be reasonably established by the officer, then I'd say you are toast.

But, the officer might have a poor memory of the incident ... he might admit on cross examination by you that he did not have a clear and unobstructed view, or something else. Anything is possible.

But, with a TBD you have a free run at it and can then take it to trial where you can hope the officer won't show. If he does show, you might consider asking for traffic school in lieu of trial.

- Carl

Hi Carl,

Really appreciate your feedback. And I agree with you 100%.

It would be much greater if every officer is as nice as you are.

Have a great holiday weekend and thanks a million.
min

I disagree with Carl (imagine that!!) 21453b concerns yielding.... not stopping. If the officer was citing the OP because he did not stop, then he should have cited 21453a. I "b" is about stopping AND yielding, then what is "a" about?? Quite simply, he charged you with the wrong section (although, according to your post, he shouldn't have charged you with anything).

Quote:

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Quoting seniorjudge

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Since you have admitted to violating the statute, what defense are you planning on?

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Just freakin' brilliant!!!!

Hi EWYLTJ,

Thanks for your input.

I can show pictures showing the officer might have an obstructed view of my movement, thus mis-judging me for not stopping.

I am very sure that there was nothing to yield when I executed my turn. I can go on and on about the stoplights the officer and I were facing or the traffic situation at the time, but the bottom line is that I got no evidence to prove what I say.

I have my TBD ready and will submit in a few days. Do you have suggestions on how I should defend for this infraction?

Thanks.
min