VC 21453
Stop light rules are contained in Vehicle Code section 21453. Section 21453 has several subsections. But we will only concern ourselves with Subdivision (a) here.
Subdivision (a) provides, “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).
Thus, the elements of a violation of Vehicle Code section 21453, subdivision (a), appear to be as follows:
(1) A driver;
(2) facing a circular red signal alone,
(3) shall stop,
(4) at a marked limit line or if none, before entering the intersection until an indication to proceed is shown.
Vehicle Code section 377 defines "limit line" as the point at which traffic is required to stop. A "point" is defined as "a particular or precisely specified position, location, place, or spot." (Webster's New World Dict. (2d college ed. 1976) p. 1100, col. 2.) In People v. Binkowski (2007) 157 Cal.App.4th Supp. 1, the Appellate Department of the San Bernardino County Court interpreted the phrase "at" the line to mean when a vehicle’s front bumper reaches that line. (Id. at p. 6.)
If you can convince a Judge that any of the elements of the stop light statute have not been established by the evidence presented against you in court or in response to your written declaration if you are fighting the ticket by declaration, you can win your traffic ticket case.
Vehicle Code section 21453, subdivision (a), provides, “A driver facing a steady circular yellow or yellow arrow signal is, by that signal, warned that the related green movement is ending or that a red indication will be shown immediately thereafter.” Thus, if you entered the intersection on a yellow light, this does not violate Section 21453, subdivision (a).
If the ticket is for a red light camera ticket generated by photograph, special evidentiary rules apply. For these types of tickets an experienced traffic ticket attorney may be helpful to contest the evidence that the officer will try to submit at the trial. For example, in People v. Khaled (2010) 186 Cal.App.4th Supp. 1, an automated red light enforcement case, the prosecution sought to establish the defendant‘s violation of Vehicle Code 21453, subdivision (a), with a police officer‘s declaration presented to support the introduction of photographs (with added date, time and other information) purportedly showing Khaled driving through an intersection against a red light. The documentation included the signature of an employee of Reflex Traffic Systems. Khaled's attorney objected, stating that the evidence was inadmissible hearsay and violated his confrontation rights. The Khaled court found the police officer did not qualify as the appropriate witness and did not have the necessary knowledge of underlying workings, maintenance, or record keeping of Redflex Traffic System. Thus, the foundation for submission of evidence was not properly established and the case was reversed.
Also, if another person was driving your vehicle, although you received the ticket, you can appear in court and show the Judge that the person pictured in the photograph is not you. If the Judge agrees that you were not the driver, your ticket will be dismissed.
Motorcycle officers usually appear in court on the date stated on a ticket so if you receive a ticket from a motorcycle officer, it might be to your advantage to delay your traffic trial to another date when the officer is less likely to appear. Summer vacation times and winter holiday times might be good if you can get a trial date during these times.
Penalties and Cost for violating Vehicle Code section 21453, subdivision (a).
A violation of Vehicle Code section 21453 is an infraction - only a fine can be imposed, not jail time. But the DMV can add a point to your driving record if you do not qualify for traffic school, which means that your car insurance rates could go up. Generally, you qualify for traffic school if you have not attended traffic school within the last 18 months. Thus, sometimes it might be helpful to put over the ticket for a short time to qualify for traffic school.Usually, the court will let you know the amount of fine that needs to be paid if you choose to pay the fine. The base fine for a violation of Vehicle Code Section 21453, subdivision (a), is $100.00 in 2016. But penalty assessments are added to the base fine, which makes the fine approximately $490 plus.
If you cannot afford to hire a lawyer, it might help you if you review Nolo’s book, “ Fight Your Ticket & Win in California
before attempting to challenge this ticket in court. If you are not in California, Beat Your Ticket is the one to buy. Good luck.
Copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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Lasted updated on February 3, 2016
before attempting to challenge this ticket in court. This book contains helpful advice on how to challenge the officer's calculation of speed by pacing and by radar.