Section 21453 has several subsections. But we will only concern ourselves with subdivision (c) here. Subdivision (c) provides, “ (c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly 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 permitting movement is shown.
Thus, the elements of a violation of Vehicle Code section 21453, subdivision (c), appear to be as follows:
(1) A driver;
(2) facing a circular red signal arrow;
(3) shall not enter the intersection;
(4) shall stop at the limit line;
(5) shall remain stopped until an indication for movement is permitted.
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.) Thus, 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 traffic court judge that any of the elements of the red arrow statute have not been established by the evidence presented by the officer or in response to your written declaration if you are fighting the ticket by declaration, you can win your traffic ticket case.
Additionally, if the officer does not appear in court or does not respond to your written declaration submitted on time to the traffic court, you can win your case.
Also, sometimes you can convince the traffic court judge to reduce a fine, so usually it does not hurt to try to fight your case yourself or to hire a traffic ticket attorney to fight the case for you.
Vehicle Code section 21452, 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 arrow, this does not violate Section 21453, subdivision (c).
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. 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 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, you may receive the ticket and be able to appear in court and show the judge that the person pictured in the photograph is not you.
Sometimes a traffic officer writes down the wrong traffic section on your ticket. For example, if the traffic signal did not have a red arrow, and some do not, and the officer ticketed you for that section, you can argue that you did not violate the traffic statute as charged. You could take pictures or a video of the traffic signal to show it does not have a red arrow.
Penalties and Cost for violating Vehicle Code section 21453, subdivision (c).
A violation of Vehicle Code section 21453 is an infraction, and 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 (c), is $100.00 in 2016. But penalty assessments are added to the base fine, which makes the fine about $490.00 but it might be more or less depending on the county.
As stated above, you can challenge this ticket by appearing in court or by written declaration.
copyright © 2016 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. Disclosure: If you click on the Amazon link, you will be directed to the Amazon website. We recommend the books listed below for additional helpful information on how to fight a traffic ticket. Fight Your Ticket and Win is for California tickets. Beat your ticket is for tickets in other states. Good luck. Thank you.
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