Contesting VC. 21453(a) ?

[Ian_Y]

What is the name of your state (only U.S. law)? California

Hi everyone,

First and foremost thanks so much to any advice that you guys can offer me. Yesterday I was cited with 21453(a) which is the red light violation. What actually happened was that when I was at an intersection, the left turn turned green and I slightly went over into the crosswalk when my light was still red. I immediately proceeded to correct myself by backing the car up. There are cops rampant in my city, especially around the 4th of July. I wasn't drinking or anything like that and immediately handed the officer my proof of insurance, license, registration etc.

He issued me the violation, and I want to contest by means of trial by written declaration. My question is, when I am contesting, should I simply say that when I entered the intersection I proceeded to correct myself, or should I just say that I never ran the red light? Thanks so much guys.

 

[Zigner]

...should I simply say that when I entered the intersection I proceeded to correct myself,

...thus admitting to the violation.

... or should I just say that I never ran the red light?

You should not lie.

Look - you committed the violation. You admit to committing the violation.
I'm not seeing any defense for you...

 

[Ian_Y]

In that case, I will just say I never ran a red light..as that is the truth, I didn't run any red light, but simply went slightly over the crosswalk. It might not fly, but I guess it is always worth a try. I figured saying that I corrected myself would be admitting to the violation, I just don't know if they ever give breaks on that type of thing. Thanks for the response.

 

[CdwJava]

In that case, I will just say I never ran a red light..as that is the truth, I didn't run any red light, but simply went slightly over the crosswalk. It might not fly, but I guess it is always worth a try. I figured saying that I corrected myself would be admitting to the violation, I just don't know if they ever give breaks on that type of thing. Thanks for the response.

So, you violated 21453(a) by crossing that line, you know you violated the section, and you still intend to lie.

Great moral character.

Rather than commit perjury, you can make a defense forcing the state to try and prove its case. Ask the officer where he was standing or parked. Did he have a clear view of the limit line? Did he see your wheels cross the line? Did he see your bumper cross the line? There are other ways to compel the state to make their case without debasing yourself with a lie.

 

[I_Got_Banned]

I didn't run any red light, but simply went slightly over the crosswalk.

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).​

As you can easily see, entering the crosswalk while the light is red, is in fact, in violation of the code.

You may luck out with a sympathetic judge...