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  1. #1

    Default Stopped for Making Right Turn on Red

    My question involves a traffic ticket from the state of: Virginia

    Ah yes, i was making a right turn on red, i made sure i stopped before i went on; i checked my left side and i checked whether cars were coming from the "turn left" section. It was clear and i proceeded to go, next thing i know cop sounds came on and he pulled me over. From what it seems, he seemed uncertain of what to do about the situation and got another cop to the scene. So should I fight this case for "Disregarding traffic signal on right turn"?

  2. #2
    Join Date
    Jul 2008
    Posts
    242

    Default Re: Stopped for Making Right Turn on Red

    A legal "complete stop" is something most people don't fully understand. They often think they have stopped but have performed what's called a "rolling stop". Put it this way; you need to feel the car pull back to know for sure that you have actually stopped. If you did, then I would contest the ticket. The fact that the officer may have been new and unfamiliar with how to proceed with the rest of the stop seems to be a bit of a reach..

  3. #3

    Default Re: Stopped for Making Right Turn on Red

    what does the part when u say "bit of a reach" mean?

  4. #4
    Join Date
    Jul 2008
    Posts
    242

    Default Re: Stopped for Making Right Turn on Red

    Quote Quoting CameronTheGreat
    View Post
    what does the part when u say "bit of a reach" mean?
    I meant "good luck with that". I am not an attorney but have seen so many people who try to find a "glitch" in the "after I was stopped" part of it that walk out of court hanging their head in embarrassment. The point is that you should really concentrate on the "why's and wherefores" of why he stopped you. Fight that fact that he had no right stop you rather than the fact that he needed assistance writing the actual citation properly. Anyone else out there with an actual law degree have any advice???? I don't want you to just on my word alone. I specialize in Licenese issues, not the actual interpretation of the law regarding them. Hopefully others w/ more of a law background can guide you as well.
    Good luck.

  5. #5
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Stopped for Making Right Turn on Red

    I too am not a lawyer but what explaination did the officer give you for issuing the ticket?

    Also, what is the citation number (statute) listed on the ticket? With that, we can look it up or an expert here can best advise you as it pertains to the infraction.

  6. #6

    Default Re: Stopped for Making Right Turn on Red

    he just said that i turned right on red

    and the citation number is 21-1/46.2-835

  7. #7
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Stopped for Making Right Turn on Red

    is it posted "no turn on red" ?

  8. #8

    Default Re: Stopped for Making Right Turn on Red

    nope not at all

  9. #9
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stopped for Making Right Turn on Red

    I'm not sure what the "21-1" refers to (perhaps a local ordinance), but here's what 46.2-835 says:
    Quote Quoting § 46.2-835
    § 46.2-835. Right turn on steady red light after stopping.

    Notwithstanding the provisions of § 46.2-833, except where signs are placed prohibiting turns on steady red, vehicular traffic facing a steady red signal, after coming to a full stop, may cautiously enter the intersection and make a right turn.

    Such turning traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection.
    So, as long as there were no prohibition signs, you came to a complete stop, you cautiously entered the intersection, yielded to any pedestrians and other traffic, then it was legal for you to make the right turn.

    The question is, how do you prove you did ALL those things, when the officer is going to say you failed to perform at least one of them?

    Good luck,
    Barry

  10. #10

    Default Re: Stopped for Making Right Turn on Red

    that there is a very good question man. I mean how can i combat that? cause the officer could say i failed to do one of those....is there any picture proof i could use or watnot?

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