View Full Version : VC 21453(a)
natejpg
03-07-2009, 10:58 PM
If making a right hand turn on a red light and the camera flashes, what are your options since you didnt run the red light? The intersection is not a red turn on green only. You can turn on red if you yield right???
ateamer
03-07-2009, 11:13 PM
Did your car come to a complete stop behind the limit line? If there was any forward motion whatsoever, and the car never had a time when there was absolutely no forward motion (no matter how slight), you are guilty.
natejpg
03-07-2009, 11:17 PM
I cant tell from the video that i can see after entering my code and stuff but it was past the limit line and it sort of looks like there was.
SgtCHP
03-08-2009, 07:42 AM
Red light camera printouts show the speed of the vehicle at the point the camera was activated. If the speed shown is significant, then there was a failure to make a COMPLETE stop prior to turning. If it is 1 or 2 miles per hours, the vehicle did not stop at the stop/limit line, it stopped past the line - which activated the camera. Those are the general perameters.
My wife got one in 2005 and the speed shown was 15MPH, a clear indication that she did not stop, but slowed and turned.
natejpg
03-08-2009, 02:08 PM
SGT, Where is the speed located at on the ticket? The only thing I see is on 2 of the 4 photos it shows what the posted speed limit is on that road. 40 MPH which you can clearly tell I was nowhere near that fast.
SgtCHP
03-08-2009, 05:02 PM
SGT, Where is the speed located at on the ticket? The only thing I see is on 2 of the 4 photos it shows what the posted speed limit is on that road. 40 MPH which you can clearly tell I was nowhere near that fast.
The speed should be superimposed on one of the photographs. It is in the box that gives the location, date, etc. If not, contact the issuing agency and request to see the video. They should set up an appointment and you can review it.
natejpg
03-09-2009, 01:02 PM
Is a right turn on red the same as if a three sided red yield sign was posted???
SGT can I send you a PM with the website and info to veiw the video?
McGruff
03-09-2009, 01:43 PM
^ No, I believe violating the red is 21453(a) and not yielding is 21453(b). In regards to your speed approaching the signal, it should be indicated on the still shots that was attached to the mailed citation. Like the Sarge said, red light cameras will activate if the vehicle approaches at a certain speed. However, if you did come to a complete stop before the limit line, you can contest it before the courts.
SgtCHP
03-09-2009, 05:54 PM
Is a right turn on red the same as if a three sided red yield sign was posted???
SGT can I send you a PM with the website and info to veiw the video?
As you can see below, sections 21453 (b) and 21803 (a) are worded similarly. The difference being, under 21453 (b) you must STOP before you even make the turn even though there is no approaching traffic. Under 21803(a) you do not have to stop if there is no approaching traffic, you just have to slow and proceed.
Circular Red or Red Arrow
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.
(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.
(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
Amended Sec. 1, Ch. 14, Stats. 2001. Effective January 1, 2002.
Yield Signs: Intersections
21803. (a) The driver of any vehicle approaching any intersection which is controlled by a yield right-of-way sign shall, upon arriving at the sign, yield the right-of-way to any vehicles which have entered the intersection, or which are approaching on the intersecting highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.
Amended Ch. 623, Stats. 1988. Effective January 1, 1989.
By the way, the triangle YEILD sign is yellow, not red.
You may email me, but, candidly, I will not review the video and interpret it for you. You are asking me to make a judgement call where an officer has already made a decision and I will not do that. Sorry!!! His/her decision has been made as a result of his/her job responsibility. It is not my place to review the information, it is yours alone.
natejpg
03-10-2009, 02:29 PM
As you can see below, sections 21453 (b) and 21803 (a) are worded similarly. The difference being, under 21453 (b) you must STOP before you even make the turn even though there is no approaching traffic. Under 21803(a) you do not have to stop if there is no approaching traffic, you just have to slow and proceed.
By the way, the triangle YEILD sign is yellow, not red.
You may email me, but, candidly, I will not review the video and interpret it for you. You are asking me to make a judgement call where an officer has already made a decision and I will not do that. Sorry!!! His/her decision has been made as a result of his/her job responsibility. It is not my place to review the information, it is yours alone.
Thanks sarge. As for the yeild sign I was going off the DMV book saying three sided red line on the exterior. I'm sorry I wasn't trying to pit cop against cop I was just hoping to get an non-involved partys opinion to look at it with their eyes. I thought I saw something that I may have been able to use as far as the yeild thing but got my second opinion. Thank you for your time, knowledge, and advice as always.
SgtCHP
03-10-2009, 02:43 PM
My apologies.......apparently, in my retirement, I failed to note that the sign was changed from YELLOW to WHITE AND RED....sorry. :o
However, the law remains the same.
Old sign: morphs into the new sign.
http://www.trafficsign.us/media/yieldylwred.gif
From the Driver handbook:
Three-sided red YIELD signs mean you must slow down http://sellin.com/GCFR/_images/yield_signs.jpg
and beready to stop, if necessary, to let any vehicle,
bicyclist, or pedestrian pass before you proceed.
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