This is a basic defense for an alleged red light violation observed by a cop. If the light is still yellow as you begin to cross the limit line, it is legal to enter and cross an intersection under CVC 21453. Here the driver claims that he did begin to cross the limit line on yellow just prior to the light turning red. As he continued, the light changed to red as he safely and legally cleared the intersection.
The split second between running a red light and legally completing a crossing that began on yellow is often too fleeting for an officer to accurately determine. Since the fine for running a red light was tripled in 1998 to $346, the police should always give you the benefit of the doubt in close calls. Clearly they do not, or you wouldn’t be reading this.
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STATEMENT OF FACTS
Defendant’s Name: Ryan Idol
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21453(a).
The facts of my case are as follows: While driving southbound on 4th Ave at 0810 on 4-6-00, I noticed the traffic light change from green to yellow as I approached the Ash Street intersection. Since I was less than 20 feet from the intersection, I decided that it was reasonable and prudent to proceed through the intersection with caution; I safely cleared the intersection at the posted speed limit as attested to by Officer Skank on my citation. My vehicle was well over the near side limit line, in accordance with the requirements of CVC 21453(a), prior to the light changing from yellow to red.
Soon after safely crossing through the intersection, I was stopped by SDPD Officer Skank (I.D.#1234) and was charged with violating CVC 21453(a) which the officer wrote on my Notice to Appear as “21453(a) CVC Failure to Stop at Red Signal.”
As I’ve already stated, my car was well over the near side limit line prior to the light changing from yellow to red pursuant to the requirements of CVC 21453(a). CVC 21453(a) states: “A driver facing a steady circular red signal alone shall stop at a marked limit line…on the near side of the intersection… .”
From the officer’s position on Ash Street, perpendicular to my position as I crossed through the intersection, it would have been impossible for him to see that my light was still yellow (or to see my light at all) when I crossed the near side limit line as I entered the intersection. It is possible that the officer’s light on Ash Street changed to green as I exited the intersection, however, this observation would give him no clear idea of the color of my light as I entered the intersection; the officer’s light had to be red as I entered since my light was still yellow.
The officer may misunderstand that it is legal to cautiously enter an intersection (cross the near side limit line) on a yellow light as I did, only entering an intersection on a steady circular red light is forbidden by CVC 21453(a). If Officer Skank’s light turned green as I cleared the intersection, he may have incorrectly guessed that my light was red when I entered. Since I cautiously entered the intersection on a yellow light, I am not guilty of violating CVC 21453(a) as charged and I ask the Court to dismiss my citation in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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