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Got wrong violation code for failed to stop on red light. 21453A

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wolkykim

Junior Member
What is the name of your state (only U.S. law)? CA

Hello there, I need advices.

I got a ticket. The violation code is "1 VC-21453A-I"
It seems that the officer cited me with wrong violation code.

I made a right turn on red WITHOUT complete stop but there was NO SIGN prohabiting a right turn. So I think it should be 21453B not A. I mean, I admit I violated traffic law but violation code is not correct. Am I right? If the officer made a mistake, how can I correct this?

Thank you in advance.

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.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

Hello there, I need advices.

I got a ticket. The violation code is "1 VC-21453A-I"
What I'm wondering about the officer cited with wrong violation code.

I made a right turn on red WITHOUT complete stop but there was no sign prohabiting a right turn. So I think it should be 21453B not A. I mean, I admit I violated traffic law but violation code is not correct. Am I right? If the officer made a mistake, how can I correct this?

In the notice paper, there is a column "Request Court Appearance". And I can see two options. One is "Arraignment" and another is "Court Trial". I'm not sure what is the difference and what should I choose.

Thank you in advance.

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.
Nope, you violated A - you didn't stop before entering the intersection. B is an exception to A.
 

wolkykim

Junior Member
Thank you for your reply.

Thank you.

In my understanding.

(a) section says "you can not make a right turn on red light, you should remain stopped until an indication to proceed is shown"
(b) section says, "you can make a right turn on red light if there is no sign prohibiting a turn but you should stop before makeing a right turn (regarding to section a)"

more simply

(a) section says "Stop and remain on red light "
(b) section explains exception of (a) section, says "Stop and make a right turn on red light if there is NO SIGN like "no right turn on red"

Yes I admit I didn't stop before making a right turn. But that violation could be (a) or (b) because both section require complete stop first.
But don't you think the section (b) is more proper and accuracy for this case?

I really would like to listen your opinions. What am I missing?
 
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Zigner

Senior Member, Non-Attorney
Section A tells you that you have to stop. Then it tells you that you have to remain stopped, EXCEPT as outlined in section B.

According to you, you "...made a right turn on red WITHOUT complete stop...", but you were REQUIRED to stop per section A. Section B only comes in to play AFTER you have properly stopped per section A.

Again, you were properly cited.
 

wolkykim

Junior Member
Thank you your advice Mr. Zigner.

Thank you for your advice Mr. Zigner.

So section(b) is only comes after section(a) is satisfied?

If there is someone who made a right turn on red light without stop on the intersection where a sign explicitly says "no right turn on red", or someone who just cut a intersection on red lights, do they get same violation code like me?
 
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Zigner

Senior Member, Non-Attorney
Thank you for your advice Mr. Zigner.

So section(b) is only comes after section(a) is satisfied?

If there is someone who made a right turn on red light without stop on the intersection where a sign explicitly says "no right turn on red"
If they stopped then proceeded contrary to the sign, then sub-section b would apply. If they didn't stop, subsection a would apply (and, I bet subsection b could also be used...but there's no real reason, since subsection a is just as applicable, if not more).
, or someone who just cut a intersection on red lights, do they get same violation code like me?
Yeah, blowing the round red signal straight-through is the same violation.
 

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