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  1. #1

    Default Waiting to Turn Left and Already in Intersection - Red Light Citation, CVC 21453a

    My question involves a traffic ticket from the state of: California
    I had a green light so proceeded towards intesection but had to yield to oncoming traffic. I was finally able to turn left on a yellow light. Officer issued a CVC 21453(a), failure to yield to a red light.

    This took place last year around August 2010 (around time when Sonoma County said they would increase moving citation ticketing), 10pm at night and the cross walk is not the typical white line type. Instead they had cobblestone pavement as designated crosswalk which would have made it difficult for the officer to see from his car with limited lighting.

    How can I fight and win this case? Can I bring my own photos or videos? How can I get a hold of the officer's video assuming there is one recorded from his car? I also have two witnesses (passengers) that might be able to testify at trial. The officer did not put his sirens on right away. I was pulled over 5 blocks later. He also made the mistake of saying my passenger was 1 male and 1 female, when they are both female.

    I contested it by Trial by Declaration but was found guilty. Got a hold of his written declaration and he stated I turned left approx 1-2 seconds after the light turned solid red. This is completely false. This is a 4 way intersection with medium traffic and I would have caused an accident if that was the case.

    He also falsely said that I did not provide any reason for entering the intersection. I told him I had turned on a yellow light and he even said that I can contest it and thanked me for cooperating.

    Please help! Trial is on March 5! :-(

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Waiting to Turn Left and Already in Intersection - Red Light Citation, CVC 21453a

    How long were you stopped waiting for traffic?

    I think the truth is that even if the cop is mistaken or if he just lied... as soon as he says you ran the red light, you are guilty. That is unless you have three members of the supreme court and the president of the united states who happened to be there, witnessed the entire incident and are willing to testify in your behalf.

    It's not about justice.

    It's not about safety.

    It's not about orderly flow of traffic.



    It's about money. Period.

  3. #3
    Join Date
    Mar 2011
    Posts
    9

    Default Re: Waiting to Turn Left and Already in Intersection - Red Light Citation, CVC 21453a

    Oooo a lying officer...that's tough. Hope your trial de novo went well.

    If the officer didn't explicitly say you Entered the crosswalk after the light turned red then you could have a defense. If he said you Turned after the solid red then CVC 21453a does not apply. Turning is the act of changing orientation or direction and you do neither when you enter an intersection.

    Another way to build your defense is to question the "approx. 1-2 seconds." You could form a reasonable doubt by a testimony from your two friends, a picture of the difficult to see crosswalk, his wrong description of the passengers and how he pulled you over 5 blocks down.

    Good luck

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