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  1. #1
    Join Date
    Oct 2009
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    2

    Default California Red Light Enforcement Violation

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

    I just received a notice of violation in the mail and the ticket is saying Code and Section CVC 21453(a). After releasing a few profanities, I jumped in my car with my camera to prove to myself (and somebody in court) there are no signs posted about making a right on red, etc. etc.

    I've since found and printed out an excerpt from CA DMV with the "explanation" of Section 21453 and not sure if they are saying I a)made a right hand turn when I was not allowed or b)ticket for not stopping properly. ??

    If i look at the still pictures they thoughtfully sent on my ticket. They have a picture of my vehicle behind the white line with a caption underneath that says "Vehicle behind limit line, light is red" - then there is a second picture below it showing me making a right hand turn with a caption that says "Vehicle within intersection, light is red'.

    Well I took 10 pictures of the intersection and it is not posted anywhere saying no turn on red at all, let alone during certain hours.

    I did however watch the lovely link they provide to the "video" of the "incident". And I definitely did not make a good complete stop, at least according to the way the video looks. Although there is a hiccup in the video just before I make the right turn.

    SO, is code CVC 21453(a) for an illegal right turn or failure to make a complete stop.

    Help! It looks like the ticket is over $425 and that doesn't include traffic school!

    Thank you

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: California - Red Light Enforcement Violation

    Quote Quoting dyna32
    View Post
    SO, is code CVC 21453(a) for an illegal right turn or failure to make a complete stop.
    21453(a) is a violation for failing to make a complete stop before crossing the limit line.
    CVC 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).


    21453(b) allows you to continue through after making the stop as prescribed in subsection (a) in the event that "No Turn on Red" sign is posted.

    CVC 21453 (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.


    But before you lose all hope, does the ticket have a court appearance date on it or does it say "Do Not Contact The Court"?

    Also, are you the registered owner of the vehicle and is your picture on the citation?

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: California - Red Light Enforcement Violation

    It says "Payment Due" 12/22/09 - Apparently I'm to receive another notice, ironically called the "courtesy notice". Perhaps that will have more information. The Notice of Violation doesn't indicate the bail amount. Further details are coming I guess!

    Yes, I am the registered owner and there is a mug shot of me!

    I followed the video link and watched it about 10 times. 8 out of 10 times, there is a slight hiccup in the video, so I'm debating on fighting. I was kind of waiting to determine if it's a failure to make a complete stop. Sounds like that is what it is, per your comments. The video shows a slight pause in the video and then jumps a bit. Impossible to know the seconds elapsed as there is no time/seconds indicated. I guess I'll just suck it up and pay it!

    Thanks for your input and information! Greatly appreciated! Not sure it's worth risking and having a point on my record!

  4. #4
    Join Date
    Nov 2009
    Posts
    1

    Default Re: California Red Light Enforcement Violation

    I received a similar ticket and I have never gotten a ticket in CA before. Do you know if I were to fight the ticket in court and lose would I still be eligible for traffic school?
    Thanks!

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: California Red Light Enforcement Violation

    Quote Quoting kellyc212
    View Post
    I received a similar ticket and I have never gotten a ticket in CA before. Do you know if I were to fight the ticket in court and lose would I still be eligible for traffic school?
    Thanks!
    It would have been better for you to start your own thread, but here is the answer either way... Most judges do not allow traffic school after a trial, nor are they obligated to state a reason for their refusal. So if you choose to contest the ticket, there is a pretty good chance that you will not have the traffic school option if you were to lose.

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