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  1. #1
    Join Date
    Jul 2007
    Posts
    1

    Default Given The Wrong Traffic Violation

    Yesterday I was given a ticket, I was making a right turn at a light and the light turned red. However, the officer wrote me up for a 21453(a) which is running a red light. I should have been wrote up for 21453(b): After stopping, may turn right, or turn left from a one-way street to a one-way street, (unless sign posted) but shall yield to pedestrians and traffic on cross street.


    The light did not have an arrow signal, and their was no sign that states "no right turn on red"


    Is there anyway I can change this? Would I have to go to court and then come back again in order for the officer to ok it? I heard that sometimes the judge will just throw it out, is this true? Also, On another site someone posted that if you challenge it then you lose your chance to go to traffic is this true as well?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Given The Wrong Traffic Violation

    Here is 21453(a):

    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).


    And here is 21453(b):

    (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.


    Sorry, but (a) works as well - especially if you are alleged to never have come to a complete stop before the limit line on the red light.

    In CA the option of traffic school is generally lost if you go to trial and actually take the stand. Usually you can go to court on the day of trial and are given an opportunity for traffic school if the officer shows up.

    The cite can still be amended by officer. if the court finds that the subsection cited is not appropriate the court can drop the charges ... this is a violation that is frequently cited as CVC 21453(a) and I have yet to see a court drop it for NOT citing the (b) section, but you are certainly free to give it a whirl.

    - Carl

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Given The Wrong Traffic Violation

    I'm just guessing but I think she means that when she started to make the turn, the light was yellow and that it turned red prior to completing the turn.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Given The Wrong Traffic Violation

    I think the OP meant that they had failed to come to a complete stop, rolled into a right turn, and feels that they should have been cited with the (b) section and not the (a) section. If the OP felt it was yellow, then the issue of which subsection would be irrelevant as they would not believe they were subject to either because of the yellow.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Given The Wrong Traffic Violation

    You're probably right, Carl....I was just guessing based upon what she said, since that would be a reasonable reason to contest it.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Given The Wrong Traffic Violation

    Potentially, yes. If that is the case, then an argument can be made ... or, attempted.

    - Carl

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