Stopped for Making Right Turn on Red

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

Ah yes, i was making a right turn on red, i made sure i stopped before i went on; i checked my left side and i checked whether cars were coming from the "turn left" section. It was clear and i proceeded to go, next thing i know cop sounds came on and he pulled me over. From what it seems, he seemed uncertain of what to do about the situation and got another cop to the scene. So should I fight this case for "Disregarding traffic signal on right turn"?

A legal "complete stop" is something most people don't fully understand. They often think they have stopped but have performed what's called a "rolling stop". Put it this way; you need to feel the car pull back to know for sure that you have actually stopped. If you did, then I would contest the ticket. The fact that the officer may have been new and unfamiliar with how to proceed with the rest of the stop seems to be a bit of a reach..

what does the part when u say "bit of a reach" mean?

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Quoting CameronTheGreat

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what does the part when u say "bit of a reach" mean?

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I meant "good luck with that". I am not an attorney but have seen so many people who try to find a "glitch" in the "after I was stopped" part of it that walk out of court hanging their head in embarrassment. The point is that you should really concentrate on the "why's and wherefores" of why he stopped you. Fight that fact that he had no right stop you rather than the fact that he needed assistance writing the actual citation properly. Anyone else out there with an actual law degree have any advice???? I don't want you to just on my word alone. I specialize in Licenese issues, not the actual interpretation of the law regarding them. Hopefully others w/ more of a law background can guide you as well.
Good luck.

I too am not a lawyer but what explaination did the officer give you for issuing the ticket?

Also, what is the citation number (statute) listed on the ticket? With that, we can look it up or an expert here can best advise you as it pertains to the infraction.

he just said that i turned right on red

and the citation number is 21-1/46.2-835

is it posted "no turn on red" ?

nope not at all

I'm not sure what the "21-1" refers to (perhaps a local ordinance), but here's what 46.2-835 says:

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Quoting § 46.2-835

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§ 46.2-835. Right turn on steady red light after stopping.

Notwithstanding the provisions of § 46.2-833, except where signs are placed prohibiting turns on steady red, vehicular traffic facing a steady red signal, after coming to a full stop, may cautiously enter the intersection and make a right turn.

Such turning traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection.

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So, as long as there were no prohibition signs, you came to a complete stop, you cautiously entered the intersection, yielded to any pedestrians and other traffic, then it was legal for you to make the right turn.

The question is, how do you prove you did ALL those things, when the officer is going to say you failed to perform at least one of them?

Good luck,
Barry

that there is a very good question man. I mean how can i combat that? cause the officer could say i failed to do one of those....is there any picture proof i could use or watnot?

The only picture proof would be if you were being filmed on the officer's dashcam, if you had a video recorder and were taping, or if you have a witness (or multiple witness) who can attest to your innocense.

Other than that, it's your word against the officers and the judge will decide who's telling the truth.

ah, if that is the case, the judge i think would be more lenient to believing the cop than a 19 year old who was just going to school ....

In many of these kinds of cases, a lot depends on perspective. Was the officer behind you when you were stopped and about to make the turn, or was he coming from your left? If he was coming from your left, consider the following scenario: You're driving along and come to a light where you want to go right. The light is red, so you stop back at the crosswalk, just in case there are pedestrians. There is another car on your left already waiting at the light and suppose he's stopped a little beyond the line. When you see there are no pedestrians, you ease forward in order to "see around" the other car and get a better view of traffic coming from your left. As you are easing, you realize that it's clear enough and preceed to make the turn.

An officer coming from your left may NOT have seen you stop behind the crosswalk, since the other car would be blocking his view of you, just as it is blocking your view of oncoming traffic. He would, however, have clearly seen you roll forward and then proceed to make your right turn -- without stopping.

As I said, it's a matter of perspective. If what happened to you is similar to what I've described, I'd tell the story to the judge and hope he is sympathetic. Since you're only 19, you don't have much to lose -- a conviction is almost sure to also raise your insurance rates.

Barry

hmmm well when i was making the right, he was on my right when i got stopped like on the grass

well..i look at the place he stopped me and it seems that there were trees there where he was parked on the grass. So i might use that in my case against him.