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Rolling Right Ticket. 21453a vs 21453b
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08-04-2010, 09:12 PM | #1 |
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Rolling Right Ticket. 21453a vs 21453b
I was just wondering if anyone is familiar with the 2 vehicle codes?
Here are the definition from DMV's website 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. From my understanding, 21453(a) is for people who failed to make a full stop at the intersection when making a right. 21453(b) is for when making a right turn with a sign prohibiting a turn on red. I was cited by a red light camera for 21453(a) when I turned right at the red light traffic turn. However through the video, I can see that I did make a complete full stop for about 2-3seconds. The only thing is that my car passed the first white line. However, there was no incoming traffic and a car was coming up behind me so there was no way of me to reverse back. I was wondering if I can still plead not guilty with TBWD because of the mis citation even if I passed the limit line? I save about $300 in fines if I was cited for 21453(b) instead of 21453(a). |
08-04-2010, 09:27 PM | #2 |
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plead not guilty.
it's a video camera / there's possibilities of tech error. hate video camera's at intersection.
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08-04-2010, 09:28 PM | #3 |
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same thing happened to me. got caught by camera turning right without doing a complete stop. after watching the vid I decided to just pay the fine and do online traffic school.
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08-04-2010, 09:33 PM | #5 |
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however, if indeed you made a complete stop, but still received the citation because you passed the line, you should be able to contest it. They just generated the citation because you were on camera. although I'm not sure what I'm talkin about.
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08-04-2010, 10:11 PM | #6 |
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(a) is for stopping on red, period. It makes no mention of turning. (b) specifies the exceptions that allow for turning on a red after you have satisfied (a).
The camera got you for "running" a red because you passed the limit line/cross walk after the light was red. Not for turning against a red. I think you have good grounds to contest it though, since the video shows that you actually stopped. Unless your car was stopped halfway into the intersection or something...
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08-04-2010, 10:28 PM | #7 |
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are you sure the video indicates that you made a complete stop for a full 2-3 seconds? If you did, then you should go to court and plead not guilty.
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08-04-2010, 10:31 PM | #8 | |
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Quote:
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08-04-2010, 10:43 PM | #9 |
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In the pictures they sent me, it stated that I was travelling at 10mph when passed the line, however, I did make a complete stop in the video replay i saw online. ( i was wayyy cross the first white line but can't really tell if passed the second white line) and i calculated my full stop to be about 2-3 seconds. I'm just not sure how they would see it if I passed the first white line.
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08-04-2010, 10:54 PM | #11 |
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at what point in the picture did you make the complete stop? coz the vid will then show your speed at 0 while the elapsed time keeps going.
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08-04-2010, 10:58 PM | #12 |
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the video will make or break your case. At first when I looked at the pictures of my violation, it looked like I did make a stop before proceeding to turn right...but after I checked the video...I just paid the fine.
I never knew before then that there's an actual video that accompanied the photos...They should rename it to "Red Light Video Camera Enforced" as I thought they were just taking pictures with a photo camera.
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08-04-2010, 11:05 PM | #14 |
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Are you sure you really stopped? I'm not certain how accurate that video data is but from what I can tell, you were traveling 10mph during that 2.87 seconds. Unless you claim you did 10-0-10mph within that time, I'd say the pictures prove you're guilty.
That said, that sucks because I CA roll through some myself, albeit at lower speeds and when there's no traffic. What county? No warning signs? Weak. |
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08-04-2010, 11:07 PM | #15 |
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im going to do it by TBWD so i don't have to wait in line forever for the court. The video doesn't show my car speed however you can tell that my wheel stopped moving (cause its so shiny) however, i'm not sure how i can download the video or send it to the judge as evidence.
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08-04-2010, 11:43 PM | #16 | |
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they can even zoom in if there is camera on other side to see if you are the driver or not if you are not the one driving the car then you are totally fine. how do i know all these..
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Last edited by acnhdernegw; 08-04-2010 at 11:55 PM.. |
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08-09-2010, 03:31 PM | #18 |
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08-09-2010, 06:04 PM | #19 |
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08-09-2010, 06:41 PM | #20 |
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you should at least fight it and if worse comes to worse just ask for traffic school... who knows you might get lucky or the judge might be cool!
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08-09-2010, 07:20 PM | #22 |
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push it off and drag it out. then ask for a trial date you have get a 3 month extension for a ticket. i have one in sept.....
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