Running A Red Light (Sort Of) - CA 21453(a) Infraction
What is the name of your state (only U.S. law)? California
The other night I stopped for a red light before the line at a "T-type" intersection. I watched the light for the other lane and observed that it turned red. I was in a bit of a hurry so, instead of waiting for my light to turn green, I proceeded (slowly) forward assuming my light would turn green right away. There was an unusual delay between the other light turning red and my light turning green and after about one second had passed and I realized my light had not turned green I immediately stopped (at that point my vehicle was over the first line but it had not crossed over the second line of the pedestrian crosswalk). I started to put my car in reverse to back up but my light turned green before I could do so then I proceeded forward and through the intersection.
Below are 2 images to demonstrate.
The first image shows my vehicle as it was when I first approached the red light and stopped. The second image shows my vehicle as it was after realizing my light had not turned green and where I came to a stop for the second time.
http://i31.photobucket.com/albums/c380/michellecatssss/Junk/Intersection_ZOOM_STOPPED_zpsdd4d0dc9.png
http://i31.photobucket.com/albums/c380/michellecatssss/Junk/Intersection_ZOOM_MOVED_zps46740015.png
The unfortunate part of this story is that there was a police officer right behind me at the intersection. He pulled me over and gave me a ticket for running a red light, in California it's a 21453(a) vehicle code infraction.
To read the details for 21453(a) see here:
http://www.dmv.ca.gov/pubs/vctop/d11/vc21453.html
I was thinking about pleading Not Guilty by TRIAL BY DECLARATION (a written trial done by mail).
https://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm
In my argument I want to list some mitigating factors. Here are a few of the things I want to say:
- As I approached the red light I came to a complete stop before the first white line.
- I made sure that the other light turned red before proceeding. I also made sure that there were no cars or pedestrians in or near the intersection.
- As soon as I realized my light had not yet turned green (due to an unusual delay) I stopped before crossing the second pedestrian crossing line.
- I began to put my car in reverse to back out of the pedestrian area, however, the light turned green before I had a chance to reverse so I proceeded forward.
- The officer stated that my car was in the middle of the intersection while the light was red. This is not true. My vehicle was no where near the middle of the intersection.
- Vehicles that cross through a red light at a high rate of speed pose a serious risk to vehicles and/or pedestrians traveling through
the intersection. My situation had very little potential for risk due to the fact that I my speed was no more than 5 miles per
hour, the intersection was clear before I began to move forward, and my car was had not crossed over the second white line.
Do you think I have any chance of getting them to either drop the ticket, lower the charge (if possible), or at least reduce the fine?
I realize I made a mistake and technically I did run a red light but I am hoping that the court will consider the fact that this wasn't running a red light in the usual sense and that I wasn't all the way into the intersection.
I have another question regarding the TRIAL BY DECLARATION if anyone knows about California traffic law.
If I do a trial by declaration and I am found guilty I can do a "trial de novo" which means I can request a new trial in person.
If I am found guilty by trial by declaration can I then just plead guilty and pay the ticket online or do I have to attend the second trial in person?
Thank you very much.
What is the name of your state (only U.S. law)? California
The other night I stopped for a red light before the line at a "T-type" intersection. I watched the light for the other lane and observed that it turned red. I was in a bit of a hurry so, instead of waiting for my light to turn green, I proceeded (slowly) forward assuming my light would turn green right away. There was an unusual delay between the other light turning red and my light turning green and after about one second had passed and I realized my light had not turned green I immediately stopped (at that point my vehicle was over the first line but it had not crossed over the second line of the pedestrian crosswalk). I started to put my car in reverse to back up but my light turned green before I could do so then I proceeded forward and through the intersection.
Below are 2 images to demonstrate.
The first image shows my vehicle as it was when I first approached the red light and stopped. The second image shows my vehicle as it was after realizing my light had not turned green and where I came to a stop for the second time.
http://i31.photobucket.com/albums/c380/michellecatssss/Junk/Intersection_ZOOM_STOPPED_zpsdd4d0dc9.png
http://i31.photobucket.com/albums/c380/michellecatssss/Junk/Intersection_ZOOM_MOVED_zps46740015.png
The unfortunate part of this story is that there was a police officer right behind me at the intersection. He pulled me over and gave me a ticket for running a red light, in California it's a 21453(a) vehicle code infraction.
To read the details for 21453(a) see here:
http://www.dmv.ca.gov/pubs/vctop/d11/vc21453.html
I was thinking about pleading Not Guilty by TRIAL BY DECLARATION (a written trial done by mail).
https://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm
In my argument I want to list some mitigating factors. Here are a few of the things I want to say:
- As I approached the red light I came to a complete stop before the first white line.
- I made sure that the other light turned red before proceeding. I also made sure that there were no cars or pedestrians in or near the intersection.
- As soon as I realized my light had not yet turned green (due to an unusual delay) I stopped before crossing the second pedestrian crossing line.
- I began to put my car in reverse to back out of the pedestrian area, however, the light turned green before I had a chance to reverse so I proceeded forward.
- The officer stated that my car was in the middle of the intersection while the light was red. This is not true. My vehicle was no where near the middle of the intersection.
- Vehicles that cross through a red light at a high rate of speed pose a serious risk to vehicles and/or pedestrians traveling through
the intersection. My situation had very little potential for risk due to the fact that I my speed was no more than 5 miles per
hour, the intersection was clear before I began to move forward, and my car was had not crossed over the second white line.
Do you think I have any chance of getting them to either drop the ticket, lower the charge (if possible), or at least reduce the fine?
I realize I made a mistake and technically I did run a red light but I am hoping that the court will consider the fact that this wasn't running a red light in the usual sense and that I wasn't all the way into the intersection.
I have another question regarding the TRIAL BY DECLARATION if anyone knows about California traffic law.
If I do a trial by declaration and I am found guilty I can do a "trial de novo" which means I can request a new trial in person.
If I am found guilty by trial by declaration can I then just plead guilty and pay the ticket online or do I have to attend the second trial in person?
Thank you very much.
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