How To Fight Vc 21453 A

California Vehicle Code 21453: Offenses Relating to Traffic Devices is a law centered effectually intersection lights and how these lights regulate traffic. Violations of this police force can pb to serious accidents involving vehicles and pedestrians.

While the financial penalties for a violation may not be too steep, other consequences of an infraction, like receiving a bespeak on your driving record, tin certainly make your life more difficult. A criminal traffic defence attorney can aid you if y'all've been charged with violating this code.

What Does Vehicle Code 21453 Regulate?

The specific regulations of California VC 21453 refer to when you are required to stop at traffic lights. Under this police force, a driver:

Must stop at whatsoever round red lite or red pointer.
May plough right on a circular ruby lite after coming to a complete stop if no other signage prohibits information technology.
May turn left on a round cherry light after coming to a consummate stop if no other signage prohibits it as long equally they are turning from a one-way road onto another one-way road.
Must non enter the intersection if a red arrow low-cal prohibits a turn unless they are non turning in that direction and another calorie-free allows them to proceed.

This law also states that at intersections without specific pedestrian crossing symbols, pedestrians must non enter the roadway when faced with a red circular light or red pointer.

VC 21453 goes into further detail about where a driver is required to cease when faced with a blood-red traffic light. In these instances, the constabulary states that the driver must finish earlier the marked limit line. If at that place is no such line, the commuter must cease before entering the crosswalk. If no crosswalk is indicated, they must stop before inbound the intersection.

Finally, the law details that when making a plough at a ruby round calorie-free, drivers must yield the right of way to pedestrians crossing the street and any vehicles approaching the intersection from a street not stopped by a red light. Drivers can never make a plough when a carmine arrow low-cal prohibits information technology.

Potential Penalties for a Violation of VC 21453

California Vehicle Code Department 21453 is an infraction . That means that unlike with the more serious charges of misdemeanors and felonies, a violation of this law is not punishable past incarceration. Instead, the punishments for an infraction are primarily monetary. In California, there are ii separate tickets you could receive for a violation.

Fines

The first ticket is for running a cherry-red light. The fine for this infraction is $100. The second ticket is for making an illegal plow at a ruddy light. The fine for this infraction is $35. While these fines may not seem too significant, it is important to keep in listen that these are but the base of operations fines. You volition likely have to pay more to cover courtroom costs, fees, and assessments.

License Points

A mayhap more significant penalty associated with an infraction is that you will receive a indicate on your Section of Motor Vehicles (DMV) tape. I point on its own won't affect your driver status. Withal, if you receive four points in 12 months, six points in 24 months, or viii points in 36 months, your license could be suspended.

This type of suspension is known equally a negligent operator suspension.

A secondary consequence of having points on your license is that the DMV reports these points to your insurance carrier. Having points on your driving record will likely result in an increase in your insurance rates.

While a violation of VC 21453 is always an infraction, yous can still face more serious charges for running a red calorie-free under other laws. For instance, yous could be charged with a misdemeanor offense of reckless driving under VC 23103. If someone was killed or seriously injured because of your action, yous could even face up felony charges.

Ignoring a Ticket

The worst affair y'all can do if you receive a ticket for this type of infraction is to ignore information technology. While a violation of VC 21453 is a simple infraction, failure to appear in court for a traffic citation is a misdemeanor under VC 40508 .

The penalties for a violation of VC 40508 can be quite steep, including:

Upwards to $1,000 in fines
Upwards to vi months in jail
Summary probation

Attending Traffic School Later a Ticket

Drivers who get a ticket for a violation of VC 21453 are not required to attend traffic school. Withal, voluntarily doing so tin can be a very good idea. By attending traffic school, you volition non negate your ticket and must still pay the fine. However, by successfully completing the grade, you lot tin can erase the point that would otherwise be added to your license.

Eliminating points can be particularly important if you are nearing accumulation of enough to upshot in the break of your license.

Fighting a Ticket Under VC 21453

Many potential arguments can be made against a ticket for a violation of VC Section 21453. Some of the most ordinarily used defenses are:

The low-cal was hidden from view
Avoiding a crash
Emergency
Full stop before a turn on cherry

The Light Was Hidden From View

If the traffic light was not visible to the driver, they should not be ticketed for failing to stop. A hidden light is most common with lights on the side of the road rather than hanging out over the intersection and often involves large trucks or buses in the right-hand lane.

Avoiding a Crash

If a driver pulls out into an intersection to avert a crash, they can use this as a defence force for running a red light. For instance, if the route is icy and a motorcar behind the driver has conspicuously failed to slow down due to the weather conditions, a driver stopped at a light might cross the intersection to avoid a collision.

Emergency

In some emergency situations, it is permissible to run a red light, every bit long every bit y'all do then in the safest way possible. You can run a cherry light if you accept someone who needs emergency medical attending.

Full Stop Before a Turn on Red

One of the well-nigh commonly contested tickets has to do with drivers coming to a full stop earlier legally turning at a round red light. Video footage is typically the best testify to support your claim against this blazon of ticket.

Beating Red Light Camera Charges

California uses ruby-red-light cameras to ticket drivers who commit driving infractions. However, the use of these cameras is highly questionable. Beating a red lite camera accuse tin can be every bit simple as stating that you were not driving the vehicle at the time of the incident.

Even if the movie that was taken of the driver clearly looks like yous, since your license was not checked by an officer, it is often easy to beat out this charge. By and large, people are allowed to face their accuser when charged with a offense. Since the accuser is a photographic camera in this situation, there is nix further information technology tin can add, across the pictures taken during the incident.

Getting Legal Representation to Fight a VC 21453 Charge

In many cases, simply paying a ticket may exist the easiest solution for you. However, if you are facing possible suspension of your license due to an accumulation of points on your driving record, or more serious charges for VC 21453 related offenses, you lot need professional person representation.

At the Simmrin Police Group, we take plenty of experience fighting both unproblematic and complex traffic violations. Give united states a call or fill out our online contact form to schedule a free, no-obligation case evaluation today. A member of our legal team will review your case and propose you of all your options.

Source: https://www.simmrinlawgroup.com/california-vehicle-code/california-vehicle-code-section-21453/