acardinale
Junior Member
What is the name of your state (only U.S. law)? California
I was stopped by a P.O. for violation of CVC 21453(a). I was actually 95% through the intersection before the signal changed to red. I was at the opposite side of the intersection when I witnessed crossed traffics signal change to green.
Here is the statement I have so far. Please advise.
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I was cited for CVC 21453(a) which states that “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).”
I feel it is also necessary to define CVC 21452(a) which states that “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.”
I am not guilty of this offense because:
* I did not enter the intersection while a steady circular red signal light was illuminated.
* The violation for which I was cited is clear in stating that it is only illegal to cross the limit line if facing a steady circular red signal alone, and cannot be interpreted otherwise.
* There were no pedestrians, cross traffic, or hazards that had a right-of-way, making it unsafe for me to pass through the intersection; Or, which I would have been required to yield for by law at the time of the alleged incident.
* I did actually enter the intersection while a steady circular yellow signal was illuminated.
* CVC 21452(a) does not state that it is illegal to cross any limit line while the yellow indicator is illuminated; only that the preceding green movement is ending. I feel it is necessary to interpret the yellow indicator as an extension (with caution) of the green movement period, as there is no mention of stopping behind limit lines.
Questions for P.O.
1. What was your position when you witnessed my alleged violation?
2. What led you to believe that I had crossed the limit line while my heading had a steady red indicator illuminated?
3. Did you have a clear line of sight, unobstructed to my signal light?
4. Was your signal light fully green, and your car in forward motion when you witnessed me cross the limit line for my heading?
I was stopped by a P.O. for violation of CVC 21453(a). I was actually 95% through the intersection before the signal changed to red. I was at the opposite side of the intersection when I witnessed crossed traffics signal change to green.
Here is the statement I have so far. Please advise.
-------------------
I was cited for CVC 21453(a) which states that “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).”
I feel it is also necessary to define CVC 21452(a) which states that “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.”
I am not guilty of this offense because:
* I did not enter the intersection while a steady circular red signal light was illuminated.
* The violation for which I was cited is clear in stating that it is only illegal to cross the limit line if facing a steady circular red signal alone, and cannot be interpreted otherwise.
* There were no pedestrians, cross traffic, or hazards that had a right-of-way, making it unsafe for me to pass through the intersection; Or, which I would have been required to yield for by law at the time of the alleged incident.
* I did actually enter the intersection while a steady circular yellow signal was illuminated.
* CVC 21452(a) does not state that it is illegal to cross any limit line while the yellow indicator is illuminated; only that the preceding green movement is ending. I feel it is necessary to interpret the yellow indicator as an extension (with caution) of the green movement period, as there is no mention of stopping behind limit lines.
Questions for P.O.
1. What was your position when you witnessed my alleged violation?
2. What led you to believe that I had crossed the limit line while my heading had a steady red indicator illuminated?
3. Did you have a clear line of sight, unobstructed to my signal light?
4. Was your signal light fully green, and your car in forward motion when you witnessed me cross the limit line for my heading?
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