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  • #46
    Falconis
    Senior Member
    • Feb 2008
    • 1688

    Originally posted by E Pluribus Unum
    Nope... as long as that front bumper gets over the line before it's red, you're good.
    Can you find me something to back that up with? I've been writing those tickets for years and winning. Is this something where the cop and judge are wrong?

    Comment

    • #47
      Hopalong
      Senior Member
      • Oct 2010
      • 2436

      I was down at the local gas station the other morning where a lot of locals get coffee and gas on their way to work.

      Guy says, "hey, that new motor in town gave me a ticket for stopping with my front wheels in the crosswalk".

      This guy is in his 60's, a lifelong resident of the town, and a respectful cowboy.

      He was pretty upset, and after we debated the issue, I don't blame him.

      He drives a big one ton truck , like I do, loaded down with equipment and tools.

      Although we don't drive fast, these trucks do not stop on a dime.

      Now I've been driving for 43 years and I have never had a ticket.

      But, I can see a scenario, like this guy had, where

      You're damned if you don't, and damned if you do.

      You're approaching an intersection when the light turns yellow

      You've got a split second to decide if you can make it through or not

      Not to mention where is your front bumper, tires, or whatever

      So you go through, and the motor says you should have stopped

      Or you brake hard, and stop with your front wheels in the crosswalk

      Which also gets you a ticket.

      The speed limit on this main street is 35 in some places, 40 in others.

      What say you guys?

      I wasn't there, "but for the grace of God go I"

      I'd like to think that this is a perfect place to use some discretion

      And cut this guy some slack

      Comment

      • #48
        E Pluribus Unum
        Calguns Addict
        • Dec 2006
        • 8098

        Originally posted by Falconis
        Originally posted by MaHoTex
        I always thought that, to be legal, you had to be 1/2 way across the intersection before the light turned red, not the limit line.
        Originally posted by E Pluribus Unum
        Nope... as long as that front bumper gets over the line before it's red, you're good.
        Can you find me something to back that up with? I've been writing those tickets for years and winning. Is this something where the cop and judge are wrong?
        I hate red light runners, and have only accidentally ran them with very few exception. One of the tickets I fought and beat was a red light camera ticket where the picture clearly showed my car over the limit line with the light red. There was a video in court and it clearly showed that I had a yellow light and it turned red shortly after my car crossed the limit line.

        I am not an attorney, and I am certainly not a judge, but I can read, and the law seems very clear to me:

        21452. (a) A driver facing a steady circular yellow or yellow arrow
        signal is, by that signal, warned that the related green movement is
        ending or that a red indication will be shown immediately
        thereafter.

        21453. (a) A driver facing a steady circular red signal alone shall
        stop at a marked limit line
        , but if none, before entering the
        crosswalk on the near side of the intersection or, if none, then
        before entering the intersection, and shall remain stopped until an
        indication to proceed is shown...
        It would be impossible for someone to stop "at the limit line" after he has already passed it. There is nothing in the code about the vehicle being half-way through the intersection, only that when faced with a red light, he is to stop at the limit line.
        Originally posted by Alan Gura
        The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
        Originally posted by hoffmang
        12050[CCW] licenses will be shall issue soon.

        -Gene
        sigpic

        Comment

        • #49
          Tacit Blue
          Veteran Member
          • Feb 2009
          • 4134

          Last edited by Tacit Blue; 08-03-2011, 11:28 PM.
          "All that is complex is not useful. All that is useful is simple."
          Mikhail Kalashnikov *...

          Comment

          • #50
            ironcross
            Senior Member
            • Apr 2008
            • 726

            Originally posted by oldsmoboat
            Go ahead and post the law for "make a COMPLETE stop for about 3 seconds".
            There is no VC pertaining to the "3 Second Rule" yet back when I got my license. The Examiner state to me it takes about three (3) seconds to complete a stop and check traffic three (3) times. Which is recommended from the DMV. If you failed to do so on your license test, you would fail.

            Originally posted by Tripper
            It's look left then right then left again

            And if that takes you 3 seconds, or 1 second each, you just allowed no telling how much traffic to approach that you did not see, very dangerous taking a full second to look any direction, you miss too much in the other directions

            No where does it say 3 seconds, nor does it say how long to look any particular direction
            Left/right/left again is simply a recommendation not law
            Again like above there is no VC stating a three (3) second nor a three (3) traffic check.

            My point for the both of you's is that it is safe to stop for three (3) seconds while checking traffic. Again per the DMV License Driving test taker: "When approaching a stop sign or a red light that you can turn on. You should take the minimum of three (3) seconds after completing a dead stop, to check for traffic three (3) times. Which is about the time needed to come to a dead stop and check for traffic.

            EX: Making a right turn at a stop sign or a red light (If no signage is posted preventing right turns on red). You should pull up to before the limit line and come to a dead stop. Check for traffic and pedestrians. After COMPLETING a DEAD stop, you may inch forward to check for traffic beyond the limit like and may enter traffic when safe to do so.

            Same applies for going strait threw traffic.

            Originally posted by Tripper
            Actually, there is a ref in the manual that suggests that it is important to stop within 5 feet of a crosswalk so that a blind person can hear you
            Correct;

            Originally posted by California DMV Drivers Handbook
            Important: Blind pedestrians rely on the sound of your vehicle to become aware of your vehicle’s presence; so it is important that you stop your vehicle within 5 feet of the crosswalk. Drivers of hybrid or electric vehicles must remain especially aware that the lack of engine noise may cause a blind pedestrian to assume there is not a vehicle nearby.

            Follow this cue:
            ––When a blind person pulls in his or her cane and steps away from the intersection, this gesture usually means for you to go (additional information
            regarding blind pedestrians can be found on pages 62 and 63).
            Meaning before the crosswalk/limit line. If no limit line is marked the the crosswalk line closest to you becomes the limit line.
            Last edited by ironcross; 08-03-2011, 11:34 PM.
            I'm not a LEO nor Lawyer, none of what I say can nor should be used as legal advice.

            Comment

            • #51
              oldsmoboat
              Senior Member
              • Jul 2009
              • 1303

              Originally posted by ironcross
              There is no VC pertaining to the "3 Second Rule" yet back when I got my license. The Examiner state to me it takes about three (3) seconds to complete a stop and check traffic three (3) times. Which is recommended from the DMV. If you failed to do so on your license test, you would fail...
              When in doubt, make stuff up?
              Do good recklessly

              Comment

              • #52
                E Pluribus Unum
                Calguns Addict
                • Dec 2006
                • 8098

                Originally posted by E Pluribus Unum
                Originally posted by Falconis
                Originally posted by MaHoTex
                I always thought that, to be legal, you had to be 1/2 way across the intersection before the light turned red, not the limit line.
                Originally posted by E Pluribus Unum
                Nope... as long as that front bumper gets over the line before it's red, you're good.
                Can you find me something to back that up with? I've been writing those tickets for years and winning. Is this something where the cop and judge are wrong?
                I hate red light runners, and have only accidentally ran them with very few exception. One of the tickets I fought and beat was a red light camera ticket where the picture clearly showed my car over the limit line with the light red. There was a video in court and it clearly showed that I had a yellow light and it turned red shortly after my car crossed the limit line.

                I am not an attorney, and I am certainly not a judge, but I can read, and the law seems very clear to me:

                21452. (a) A driver facing a steady circular yellow or yellow arrow
                signal is, by that signal, warned that the related green movement is
                ending or that a red indication will be shown immediately
                thereafter.

                21453. (a) A driver facing a steady circular red signal alone shall
                stop at a marked limit line
                , but if none, before entering the
                crosswalk on the near side of the intersection or, if none, then
                before entering the intersection, and shall remain stopped until an
                indication to proceed is shown...
                It would be impossible for someone to stop "at the limit line" after he has already passed it. There is nothing in the code about the vehicle being half-way through the intersection, only that when faced with a red light, he is to stop at the limit line.
                Is your long silence some sort of concession that both you and the judges have been wrong for years, or are you too busy out writing tickets to people who have crossed the limit line, but not yet reached the half-way mark?
                Originally posted by Alan Gura
                The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
                Originally posted by hoffmang
                12050[CCW] licenses will be shall issue soon.

                -Gene
                sigpic

                Comment

                • #53
                  negolien
                  Veteran Member
                  • Sep 2010
                  • 4829

                  depends

                  Really it depends for me. I' have to admit I' am a habitual red light violater ... ON the way to work theres a right hand turn at a 4 way. the light turns red and the people oncoming in the right lane from me turning left go first no u-turns allowed. Even though it's technically a red light violation I don't trip usually and do a quick scan because if people are following the law they're won't be an illegal u-turner crashing ionto me lol.
                  "Men sleep peacefully in their beds at night because rough men stand ready to do violence on their behalf."

                  George Orwell

                  http://www.AnySoldier.com

                  Comment

                  • #54
                    Falconis
                    Senior Member
                    • Feb 2008
                    • 1688

                    Too busy writing out tickets to notice. Thanks for the PM though. To be honest, I do wait for the flagrant violations. Not the half chance ones.

                    I've also had a similar case, no video though, where I won that one. I argued other factors into the case which is probably why I won. Factors being a danger to the pedestrians on the other side of the intersection and the fact the vehicle had to unsfely speed up blah blah blah. But you get the idea.

                    But I still do not concede.

                    But I will say this, sorry I am on drugs right now so I may have misunderstood. For some reason I took it as the front bumper being across the limit line, not before it before the light turns red.
                    Last edited by Falconis; 08-06-2011, 1:34 PM.

                    Comment

                    • #55
                      Falconis
                      Senior Member
                      • Feb 2008
                      • 1688

                      Also, now that I think about it, we may have 2 sides of the same coin here. How far back were you when the light turned yellow, was it a stale yellow or a fast one. ehhh I think you get the idea.

                      Comment

                      • #56
                        E Pluribus Unum
                        Calguns Addict
                        • Dec 2006
                        • 8098

                        Originally posted by Falconis
                        Too busy writing out tickets to notice. Thanks for the PM though. To be honest, I do wait for the flagrant violations. Not the half chance ones.

                        I've also had a similar case, no video though, where I won that one. I argued other factors into the case which is probably why I won. Factors being a danger to the pedestrians on the other side of the intersection and the fact the vehicle had to unsfely speed up blah blah blah. But you get the idea.

                        But I will say this, sorry I am on drugs right now so I may have misunderstood. For some reason I took it as the front bumper being across the limit line, not before it before the light turns red.
                        Originally posted by Falconis
                        Also, now that I think about it, we may have 2 sides of the same coin here. How far back were you when the light turned yellow, was it a stale yellow or a fast one. ehhh I think you get the idea.
                        Speed limit was 55 so it was a long yellow. I was in my mustang and floored it to make the light, but was not speeding. I barely made it across the limit line when it turned red.... my front tires were on the limit line but had not yet entered the intersection, but my bumper was clearly past the line.

                        Originally posted by Falconis
                        But I still do not concede.
                        Fair enough.... I tend to be a letter of the law man when it comes to a defense; it's either illegal, or it's not.. If I understood your position on the matter, it was that for many years you have issued citations for motorists who were not yet half-way through the intersection and that years of experience issuing citations, and working with judges have taught you this.... certainly if that is correct, somewhere in the vehicle code there should be some verbiage of "half way through the intersection...".

                        It just goes to show that there are MANY misconceptions about what the vehicle code says, and just because it has been done for years doesn't make it right; additionally, being a LEO or a judge does not make one an end all be all of the law.... but I'm sure you knew that.
                        Originally posted by Alan Gura
                        The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
                        Originally posted by hoffmang
                        12050[CCW] licenses will be shall issue soon.

                        -Gene
                        sigpic

                        Comment

                        • #57
                          Falconis
                          Senior Member
                          • Feb 2008
                          • 1688

                          Now that I am not so high on pain meds, I can probably type with a little more clarity. I will say your description of events could have gone either way depending on what was testified to. Even in the DMV handbook, yellow means slow down, not floor it so you can make the red light. That could be argued on safety grounds depending on your surroundings. Despite reds and stop signs, there is a vehicle code (California) section about not entering an intersection until safe to do so. I think it's under the yields sections. IF I were to have issued you a cite under the above conditions, the only thing I could think of was if you had ample time and distance to come to a stop while the light was yellow and was it safe for you to perform the action you did as described above (22350 CVC not withstanding).

                          I'll give you the benefit of the doubt on the actions above as I wasn't there. But I also know every cite I ever issued was correct, within spirit and letter. My rule of thumb on reds have always been did the car enter the intersection before the light turned red ( and I mean atleast half the car).

                          Like I said, I may have misunderstood an earlier post from you. I make mistakes on occasion.

                          But all in all, from your description, I probably would have cited you if I saw that violation and argued all factors seen in the area including the fact whether or not you had ample time and distance to stop before the intersection. You are arguing your (if I am correct) that your front bumper barely crossed the limit line when the light turned red. That would indicate that you had plenty of time to stop if the light was a stale yellow as opposed to a quick one. I may be wrong, you may be wrong. But I would be comfortable in citing you and filling my ovetime slip for court.

                          EDIT: Disclaimer - I'm also not a traffic camera. I may or may not see how close to or over the limit line you were when said light turned red.
                          Last edited by Falconis; 08-08-2011, 4:48 PM.

                          Comment

                          • #58
                            ironcross
                            Senior Member
                            • Apr 2008
                            • 726

                            Originally posted by oldsmoboat
                            When in doubt, make stuff up?
                            Sorry, no. I am not here to make stuff up nor ill-inform people. Contact you're local LE Traffic Division, and/or DMV office.

                            I contacted my Sheriff's Traffic SGT. While he only answered half of the question.

                            Originally posted by Traffic SGT
                            You've completed a stop when you feel the car completely settle. You brake, the forward motion has completely stopped and you feel the vehicle rock back and settle into place.
                            Here's this. Next time you approach a stop sign. Time yourself. See how long it takes for you to come to a complete stop, after the stop check both ways for pedestrians/traffic, then proceed SAFELY cross the stop sign/flashing red traffic light.

                            All I said was;

                            At the minimum per DMV reps and experience it should take no less than three (3) to five (5) seconds. To complete the task of coming to a complete stop, checking traffic/pedestrians, then crossing a stop sign/flashing red traffic light....
                            I'm not a LEO nor Lawyer, none of what I say can nor should be used as legal advice.

                            Comment

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