Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default Failure To Stop on a Right Turn

    CA. So I get this ticket in the mail on failing to stop on a right hand turn on a red light. The ticket was sent by the Photo enforcement program of my local town through the photonotice office in Scottsdale, Arizona of all places. The code violation is CVC 21453(a) of the california vehicluar code. My question is this: As i have been through this intersection many times before, i know that the eastbound lanes do not have u-turn capabilities and as they were currently making a left and there was not any westbound traffice as it was a T and not a 4 Way it was safe to assume traffic was clear for me to proceed with my right hand turn. I slowed to check traffic patterns but did not stop completely at the red to make a right hand turn. The Lights went off of on the camera and caught my right hand turn on red. I recieved a ticket for not stopping. Am i in the wrong or do i have a fighting chance at getting this ticket cleared. And since this was a video and not an actual enforcement officer is there any current actions against video survelance that i may use to fight my case. i feel this is wildly unlawful as this was a basic right turn that 99% of america does.

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

    Default Re: Failure To Stop on a Right turn

    CVC 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).

    (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.
    You are required to stop at the marked limit line or before entering the near side crosswalk. The fact that you believe 99% of America rolls these stops is entirely irrelevant.

    There may be some litigation concerning your stop light enforcement system or intersection, but you might have to speak to an attorney in the know, or try Googling the intersection a few different ways to see what comes up. Most these suits and problems have been dealt with, but I am sure there are still a few out there.

    Your problem here is that you admittedly did NOT come to a complete stop as required by CA law. So, you ARE guilty of the offense. However, you are always welcome to go to trial and compel the state to prove it was you in the car.

    Keep in mind that if you take the stand at a trial, it is common practice in CA traffic courts to take the option of traffic school OFF the table. So, you might want to consider that if you actually choose to take the stand at trial.

    - Carl

  3. #3
    Join Date
    Nov 2007
    Posts
    2

    Default Re: Failure To Stop on a Right turn

    after reading a couple other forums i found out that this ticket might be a "fake ticket" I Read this Thread http://www.expertlaw.com/forums/showthread.php?t=27788. This guy had the exact same problem as me where it was not sent by the county but the police department outsourced division that manages the red light cameras. On the ticket it states do not contact the court and the violation number does not line up with the number scheme that the county uses for tickets and violations. What's wierd is that on the piece of paper it'self they want you to either state who was driving or that you sold the car or that it is you. and they want a copy of your drivers license. My question now is should i just ignore this?

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

    Default Re: Failure To Stop on a Right turn

    No one can say what you SHOULD do - you have to make the decision for yourself. If it is not a citation, then you do not generally have to respond. Be sure that it is NOT a citation and that there is no requirement to show up in court. If it is a fishing expedition to identify the driver, this does not mean they can not do so or will not do so, only that they are asking for confirmation.



    - Carl

  5. #5
    Join Date
    Jul 2007
    Posts
    67

    Default Re: Failure To Stop on a Right Turn

    You should really do some reading. Photo enforcement in CA is often very easy to nullify. Many of these "photo" enforcements are illegal, but if you don't claim it to the judge, you will just pay your ticket like most people do. I don't recall the exact code that nullifies photo evidence and don't have time to look it up right now, but if you do a search, you should quickly find several references.

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: First Ticket - Failure to Stop at Right Turn
    By m1k3ines in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-25-2009, 11:17 AM
  2. Lights, Signs and Traffic Controls: Failure to Stop on a Red Light While Doing a Right Turn
    By paulney in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-15-2009, 02:25 PM
  3. Lights, Signs and Traffic Controls: Failure To Stop At Red Light On Right Turn In California
    By SGH2008 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 03-25-2008, 08:47 PM
  4. Lights, Signs and Traffic Controls: Failure To Stop At Red Light On Right Turn In California
    By KCHou78 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-12-2007, 08:20 AM
  5. Lights, Signs and Traffic Controls: Failure To Stop On Right Turn In Florida
    By FL girl in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-02-2007, 11:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources