Crosswalk and right only turn on red light

[CaliDriver]

What is the name of your state? CA

I was in the rightmost lane which is a "Right Turn Only" lane at a major intersection. The right turn only lane at this intersection is unusually long (about 1/10 mile or 528 feet or 176 yards). At the intersection there are 6 lanes in direction I was approaching (2 left only lanes, 3 lanes for traffic going straight and 1 lane for right turn).

The crosswalk lines are very much inside the intersection than usual (on this side I was driving at) Here is the map of the intersection.

http://maps.google.com/maps?f=q&hl=en&geocode=&q=de+anza+and+stevens+creek,+cupertino,+ca&sll=37.321608,-122.027174&sspn=0.001655,0.003181&ie=UTF8&ll=37.322726,-122.032071&spn=0.000414,0.000795&t=k&z=20

The green arrow is pointing to the direction from where I took the right turn (the 2 left turn arrows and one right turn arrow are clearly marked with bike lane between the straight (lanes and right only lanes)

The driving speed on here is 35mph-45mph. I was driving quite slowly as I approached the intersection in right only turn lane. There were big and small cars to my left backed up at the red signal as I approached the intersection. This makes it hard to view if any vehicle or pedestrian is coming from the left (so you have to be very slow anyways to observe if the intersection is clear for crossing). I had 4 or 5 cars right behind me. As I got closer I did see a pedestrian on the cross walk and stopped. I might have stopped on the inside line of crosswalk or crossed it by inches. I was obviously yielding to the pedestrian who waved at me happily as she walked by. After than I took a right turn and saw a cop starting his bike & turn around in the parking space (about 100 feet after I took the turn). He was facing oncoming traffic and started turning around his bike as I drove past him and after a while he signaled me to stop.

He told me that he stopped me because I stopped into the crosswalk while pedestrian was crossing the road. After that he gave me a ticket and claimed that he has to right red light violation for me. I asked him why is that a red light violation and not why couldn't he cite me for failure to stop at crosswalk. He said this was the only code he could cite me for. He said he admitted I stopped when I saw the pedestrian (who he told me was in the second lane when I stopped). He said if there was no pedestrian he would not have cited me. The ticket says I violated VC-21453A-I (which is essentially failure to stop within intersection limits when light is red). He wrote my appx speed was 20mph.

I have two questions:

1. Why couldn't he give a ticket for CV-21950 which more accurately describes the offense if there is one.

2. How do I fight this ticket. I was preparing to stop. The pedestrian was not in sight for me I was in right only lane. People usually make a stop of yield traffic almost in the middle of cross walk since it is hard to see what is coming from the left. I did stop and might have technically crossed the inside line only by inches.

3. The bail amount is whopping $500.00 !! Help.What is the name of your state?

 

[Zigner]

Let me summarize:

You were approaching an intersection in which the red light was showing for your direction of travel. You stopped past the limit line.


You are guilty of not stopping for the red light.


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

 

[Hey There]

AN ANSWER to your question

4-4-08
CaliDriver VC-21453A
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.
Note: Was there a sign with No Right Turn on Red?

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To prepare a proper defence a driver needs to read the vehicle code he was cited for. Did he really violate the Vehicle Code? Does he want to contest the citation? Every driver has the option of having his day in court because of the legal concept that a person is innocent until proved guilty.
Each state has it's own rules.
In Ca.
A driver can ask for a continuance BEFORE arraignment and retain his right to a speedy trial.
A simple call to a court clerk should obtain a later date to appear in court for the arraignment where a plea is entered.
This gives the driver more time to obtain Discovery, file a Trial by Declaration and gather information for his defence.
DISCOVERY:
The driver makes a written request for a copy of the officer's notes, a copy of the front and back of the ticket, a copy of the video if one was made, and where the officer was when he observed the alleged violation he cited the driver for.
A friend mails a copy to the D.A. (or city attorney)and to the officer who issued the traffic ticket.
A form for Discovery can be downloaded from Help! I Got A Ticket! or copied from the back of a book on fighting taffic tickets in Ca. published by NOLO.(A library may have a copy of this book)
If Discovery isn't provided within 20 days after receipt by the officer &/D.A. and within 30 days before trial, the driver can ask for dismissal of the case based on Penal Code1054.1 thru 1054.7 not being complied with.
(This requires a request for a hearing and a court appearance.
SOME cases have been dismissed at this point.)

Trial by Declaration.
The driver states his case in writing. Forms for filing and instructions are available on the internet by typing in Trial by Declaration on Google or can be obtained from a court clerk. If the judge rules against the driver, he can ask for a new trial as long as he does so within 20 days after the ruling.
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To prepare for trial there are several sources on the internet. Although written for speeding defences the following two websites have information that applies to all traffic tickets.
Speeding Ticket FAQ
Speeding Ticket--Fighting or Plea Bargaining
A website written to help Ca. drivers navigate the court system is Help! I Got A Ticket!
And a local library may have a book on fighting traffic tickets.
The yellow pages in a phone book may have adds where a lawyer may consult one time, for no fee or for a minor amount.

Best Regards,
Hey There

I did see a pedestrian on the cross walk and stopped.
I was obviously yielding to the pedestrian who waved at me happily as she walked by.

Good for you. Not all drivers are so polite or comply with the law to yield to pedestrians.