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Q: Legal: Traffic Citation: Is this is a valid red-light citation? ( No Answer,   3 Comments )
Question  
Subject: Legal: Traffic Citation: Is this is a valid red-light citation?
Category: Relationships and Society > Law
Asked by: a_birdie-ga
List Price: $10.00
Posted: 16 Apr 2004 14:34 PDT
Expires: 19 Apr 2004 08:20 PDT
Question ID: 331449
Hi 

I need find out whether I should contest my red-light citation
ticket(state of CA) in the court or I should just take Defensive
Driving Course and do away with it. Do I have a case? Read on.

On my way to home I have to cross a rail road crossing. Interesting
thing about this crossing is that right after the crossing there is
another traffic light at a distance of about 2 car lengths. I take
right at this traffic light.

Anyone who approaches this railroad crossing faces a maze of lights.
The rail road corossing has two sets of signals
1) A railroad crossing light - two horizontal red lights with X mark
behind it along with a physical barrier that blocks the traffic. These
lights flash alternately when a train approaches.

2) A normal traffic light. This traffic light operates in conjunction
with the main traffic light at the road intersection after the
railload crossing. When the main road intersection traffic light is
about to turn red, the traffic light before the railroad junction
starts flashing. (but not the railroad warning lights linked to the
barrier)

When a train approaches a the rail road crossing, both sets (rail-road
as well as traffic light before the crossing) of red lights flash.

I was cited for not coming to full stop at the flashing traffic lights
(rail road lights were NOT flashing & the barrier was up). I had
crossed the railroad crossing after pausing(coming to a stop and then
proceeding) before the tracks - ensuring that there was no other car
on the rail tracks - and while the road intersection traffic light was
still yellow.

Is this a valid citation? Any guidance is appreciated. The citation said 
Code: 21457(a) Failure to stop flashing red light at R/R crossing - Infraction

I am burdened other financial obligations and can't afford a 370$ fine
or rise in my car insurance.

Thanks in advances 
Regards 
Abhi 

PS Additional piece of information if at all it helps: I was cited by
an Amtrak polic and not by a CHP
Answer  
There is no answer at this time.

Comments  
Subject: Re: Legal: Traffic Citation: Is this is a valid red-light citation?
From: hmackenz-ga on 16 Apr 2004 21:11 PDT
 
I actually think the citation is valid, though a little anal.
Technically, in California, (and everywhere else) you are supposed to
treat any red flashing signal just as you would a stop sign. Here's
the text of the code:

VC 21457(a) Flashing red (stop signal): When a red lens is illuminated
with rapid intermittent flashes, a driver shall stop at a clearly
marked limit line, but if none, before entering the crosswalk on the
near side of the intersection, or if none, then at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering it, and the driver
may proceed subject to the rules applicable after making a stop at a
stop sign.

Technically, you are also supposed to stop no less than 20 ft away
from railroad tracks, too.

Anyway, the reason I know this is I work for an online driving safety
course provider and research these codes all day to create the
California course. If its any consolation, you can take a traffic
school course online for about 40 bucks and get the ticket cleared.
Just so you know I'm not tryiong to sell you anything, I won't list
the company I work for, but you can do a search for online traffic
schools and pick one that's right for you-- significantly less than
the ticket.

Bad luck-- sorry.
Subject: Re: Legal: Traffic Citation: Is this is a valid red-light citation?
From: hmackenz-ga on 16 Apr 2004 21:16 PDT
 
ps here's the source for the code:

http://www.dmv.ca.gov/pubs/vctop/d11/vc21457.htm
Subject: Re: Legal: Traffic Citation: Is this is a valid red-light citation?
From: funkywizard-ga on 17 Apr 2004 05:20 PDT
 
I would contest it anyway. I've heard that a lot of times, cops can't
be bothered to come in out of their normal schedule to show up for a
traffic citation court appearance. You have a good chance of winning
by default based on the officer not even showing up. And by contesting
the ticket, you have nothing to lose but your time if you do the
contesting yourself. For $370 and a blemish that could affect your
insurance rates, I think you should contest the ticket.

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