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  1. #1
    Join Date
    Jul 2006
    Posts
    37

    Default Possibly cited for the wrong violation

    a friend of mine in california turned right on a red light where there was a "no right turn on red" sign. a camera took a picture of her license plate. about a couple of weeks later she received a notice in the mail stating that she breached section vc21453 (a).

    section vc21453 (a) states the following:

    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).

    section vc21453 (b) states the following:

    (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.

    did she breached section vc21453 (a) or did she breached section vc21453 (b)?

    if she breached section vc21453 (b), is she also guilty of breaching section vc21453 (a)? if she is not guilty of breaching section vc21453 (a), is there a section in the california vehicle code that states that she cannot be found guilty of breaching section vc21453 (a) because she cannot be charged or cited for the wrong violation? thank you!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Possibly cited for the wrong violation

    As I read the statute, subsection (b) is not a separate violation - it is an exception to what would otherwise be a violation under subsection (a). So if you don't comply with subsection (a), and you don't fit the exception described in subsection (b), you have violated subsection (a).

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Possibly cited for the wrong violation

    I agree with aaron's post. The prohibition is contained in subsection (a) and the exceptions (including an exception to the exception where prohibited by sign) are contained in subsection (b). What she did would be prohibited by subsection (a) and there is no exception to that activity as provided for in subsection (b) so I would think she was properly cited under subsection (a).

    The purpose of a charge is to give fair warning to the person of what it is they are accused of doing that was unlawful--she turned right on a red light and there is nothing authorizing her to do that under the factual scenario that has been described.

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