red light violation

[ctrex]

What is the name of your state?
CA.
I too received a red light violation after making a right turn- however my circumstances were a little different. When I first arrived at the intersection I (along with the car in front of me) had a green arrow to turn right. However, there was a man in the intersection so we both waited. After he completed crossing North to South the car in front of me proceeded with their right turn. I then proceeded forward (into the crosswalk) stopped to make sure the man (now on the sidewalk) was not going to cross in front of me going East to West. During the time I was attempting eye contact with him the light turned yellow. I proceeded with my right turn, however the light now turned red but since I was already committed I proceeded. When the officer pulled me over he said I had "failed to give consideration" and then ticketed me for a red light violation. What is "failure to give consideration", and do I have a valid defense on the red light violation since I had come to a full stop before making my right turn?
Thanks for any help

[CdwJava]

What code section were you cited for?

- Carl

[ctrex]

Hi. The violation is listed as VC 21453A. And any idea what "failure to give consideration" refers to? I've looked and can't find any info. on it
Thanks

[CdwJava]

The text doesn't matter, it's the elements of the section that have to be shown in traffic court.

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).

This is the section you you have been charged with.

- Carl

[ctrex]

What is subdivision b and does it apply since I was turning right (since the only indication to proceed would be that it was safe to make the right turn)? Also, since I was already in the crosswalk when the light turned yellow and then red do I have a valid defense on the violation?
Thanks again

[FlyingRon]

(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.

You may have a point if there was no "No right on red" sign and there were no other cars or pedestrians present.

[Zigner]

You should not have entered the intersection if you couldn't complete the turn before the light turned red.

[ctrex]

Unfortunately I had no way to know that I couldn't complete my right turn before the light turned red. As mentioned above the light was green when I entered the intersection, turned yellow while I was attempting eye contact with the man on the sidewalk (who proceeded to walk down the street), and then turned red after I had entered the intersection (I was already "committed"). My only other alternative would have been to put my car in reverse- thereby hitting the car behind me. I have since gone back and timed the yellow (which was under 3 seconds). By chance does anyone know about "failure to give consideration" which was what the officer said my violation was before he issued my ticket?
Thanks

[CdwJava]

I can only imagine that he meant that you failed to yield for a pedestrian ... but, if that's the case, this was not the correct section to cite.

- Carl

[FlyingRon]

Originally Posted by CdwJava

I can only imagine that he meant that you failed to yield for a pedestrian ... but, if that's the case, this was not the correct section to cite.

- Carl

We've been through this before. Right turn on red violations are a violation of A. B is an exception to A. But if you don't comply with the exception, you are in violation of A.