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  1. #7
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    Jul 2018
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    Default Re: 21453(A) Red or Stop Vehicles Stop at Limit Line or X-Walk

    Quote Quoting davidsl
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    I want to turn up to court to defend myself, on the basis that:

    1) when I entered the intersection, the light was green.
    2) I was forced to stop partly inside the cross-walk by the car in front
    3) when the signal turned red, I had no visibility to the signal.
    4) Furthermore, there are several technical errors on the notice a)- He wrote the wrong car model. Correct make, but incorrect model; b)-he said traffic was medium (it was heavy), and c)-he said speed approx was gtr > 5, and there was no way it was greater than 5, since at the time the light was red and i moved, I was going super-slow.

    My daughter can come and testify to all of the above.

    Does this seem like a reasonable defense?
    #3, #5(a) and #5(c) are all irrelevant (the law applies regardless of what kind of car you were driving). #5(b) is silly; that you have a different opinion about the level of traffic makes no difference at all.

    #2 is not something you want to mention because the law says don't enter an intersection unless, at the time of entry, you can completely clear the intersection. VC 22526.

    #1 is all that's relevant, and its dispositive in your favor. VC 21453(a) applies to "[a] driver [who is] facing a steady circular red signal alone" and requires that such a driver stop either at the limit line or before entering the crosswalk or the intersection. Since you were not "facing a steady circular red signal," then you cannot have violated VC 21453(a).

    Quote Quoting adjusterjack
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    A defense to being stopped in the crosswalk would be that you weren't stopped in the crosswalk.

    What you are giving are "reasons" that you WERE stopped in the crosswalk.

    Why you stopped in the crosswalk is not a defense. You could have avoided being stuck in the crosswalk by being a better judge of the traffic ahead and waiting until the intersection and crosswalks were clear before moving forward.
    I can't say that any of this is factually incorrect, but it's completely irrelevant because neither VC 21453(a) nor any other section of the Vehicle Code makes it an offense simply to "stop in the crosswalk." Did you actually read the statute before posting this?

    Quote Quoting Jim Kozlovich
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    Based on your description of what happened, you entered the intersection on a green light but because of traffic, blocked the cross walk on the far side of the intersection, the proper code section would be 22526(a).
    It's a closer fit. However, as I understand the original post, the OP's car had completely cleared the intersection and was only partially blocking the crosswalk on the far side. VC 22526(a) requires only that a vehicle not enter an intersection if the vehicle cannot sufficiently clear the intersection so as not too "obstruct[] the through passage of vehicles from either side." As the OP described it, it does not sounds like he/she violated VC 22526(a) either.

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