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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 |
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There is no answer at this time. |
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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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