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  1. #1

    Default VC 21453(a)

    My question involves a traffic ticket from the state of: California.

    A little backstory, it's about 1:30 AM, I'm on my way home from a friend's house. I approach a 3 way intersection of which is currently a red light for my direction. I signal right and prepare to turn right, but do not notice the patrol car tailing me a few car lengths back. After I make the right turn, I see sirens, and pull over. I am issued a ticket for a violation of VC 21453a with "RED SIGNAL" as the description. I DID completely stop at the red light, however, it was only for a brief second as I determined it was safe to proceed with the turn after seeing that there was no car or pedestrian in sight (especially at 1:30 in the morning).


    Also, this will be my first ticket/offense.
    My questions are:

    I know the fine is about $400, but how much would I have to pay in court fees should I decide to fight this?

    The officer insists I did not stop. Would I have any defense in saying that the officer had no view from behind me to tell whether or not I was stopped completely?

    I'm the typical poor college student, who literally would not have the money to pay the fine as I am unemployed and am a part of a low income family. What are my options?

    Anyone have any other suggestions on how to deal with this?

  2. #2
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    Default Re: Vc 21453 (A)

    A complete stop means a complete cessation of movement of your car. This doesn't mean momentarily locking the wheels.
    You're not going to win an argument with the cop in court as to whether your stop was complete or not. Why couldn't he see from behind you whether you stopped? I can certainly tell when the guy in front of me stops and I can even tell if the guy behind me stops.

  3. #3
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    Default Re: Vc 21453 (A)

    Quote Quoting flyingron
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    A complete stop means a complete cessation of movement of your car.
    ... and you must make that "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 intersectionas" as required by VC 21453(a).

    Quote Quoting sleepyhead87
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    I know the fine is about $400, but how much would I have to pay in court fees should I decide to fight this?
    No, there are no additional court fees/costs associated with fighting it.

    Quote Quoting sleepyhead87
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    I'm the typical poor college student, who literally would not have the money to pay the fine as I am unemployed and am a part of a low income family. What are my options?
    If you choose to plead guilty, you can either request an extension to pay or that you be allowed to set up a payment plan. If you plead "not guilty", just keep in mind that most courts will require you to post bail in an amount equal to the fine amount before your case is set up for a TBD or a trial. So plan accordingly.

  4. #4

    Default Re: Vc 21453 (A)

    Thank you for the replies.

    Quote Quoting flyingron
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    A complete stop means a complete cessation of movement of your car. This doesn't mean momentarily locking the wheels.
    You're not going to win an argument with the cop in court as to whether your stop was complete or not. Why couldn't he see from behind you whether you stopped? I can certainly tell when the guy in front of me stops and I can even tell if the guy behind me stops.
    You're going to have to explain to me the difference between "locking my wheels" and "complete cessation of movement of your car". As for the matter of it being a complete stop, it was. However, the time I spent stopped was very minimal. I just thought that maybe since he was far back behind me, that he mistook my short stop as running the red light.


    Quote Quoting That Guy
    View Post
    If you choose to plead guilty, you can either request an extension to pay or that you be allowed to set up a payment plan. If you plead "not guilty", just keep in mind that most courts will require you to post bail in an amount equal to the fine amount before your case is set up for a TBD or a trial. So plan accordingly.
    So I guess it's safe to assume my best bet would to be to plead guilty and hope the judge has mercy? I myself know I didn't run that red, but to fight it would probably turn out worse than just paying for it with the above in mind.

  5. #5
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    Default Re: Vc 21453 (A)

    A lot of times if you have a good driving record and go to court the judge will reduce or throw out your ticket. Especially if you consider a 4 hour driving course before your court date or have one scheduled to show that you are making an effort.

  6. #6
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    Default Re: Vc 21453 (A)

    Quote Quoting Julie2
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    A lot of times if you have a good driving record and go to court the judge will reduce or throw out your ticket. Especially if you consider a 4 hour driving course before your court date or have one scheduled to show that you are making an effort.
    What? Judges in CA do not generally "throw out" tickets just because you have a good record. They might lower the fine and allow you to attend traffic school, but they don't toss them out for no reason.

  7. #7
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    Default Re: Vc 21453 (A)

    Complete cessation of movement. It means all parts of your car stop moving. That means the body coming back to rest after the decelleration. Stopping wheel movement is not sufficient.

  8. #8
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    Default Re: VC 21453(a)

    Quote Quoting sleepyhead87
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    I know the fine is about $400, but how much would I have to pay in court fees should I decide to fight this?
    It should come to about $445 including all fines and fees.

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