VC 21453 Running Red Light Law, Penalty & Defense: DMV Points, Driver’s License Suspension, Traffic School, Infraction Traffic Court Trial, FTA (VC 40508), & more.
- Criminal Defense Lawyers
- 1 hour ago
- 5 min read
California vehicle code 21453 VC makes is a violation to fail to stop at a red traffic light (aka “run a red light”).
This summary covers the law, penalties and common defenses to VC 21453. For further information, please contact our traffic and criminal defense lawyers today for a free consultation.
Per VC 21453
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 (VC 21453(a) Abbrev.).
Right Turn on Red Exception: According to VC 21453(b) ‘when a red light is in place that prohibits a turn, a driver, after stopping at the red light, may turn right, or turn left from a one-way street onto a one-way street.’ (VC 21453(b) Abbrev.).
Note: A driver making a turn against the red light shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety (VC 21453(b) Abbrev.).
VC 21453(b)(3) states that VC 21453 does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
No Turn on Red Sign: A “No Turn on Red” sign takes precedence over the law that otherwise permits a turn on a red light.
Where to Stop: Per VC 21453, the driver must stop at the “limit line.” If there is no limit line, then the driver must stop before entering the crosswalk line. If there is no crosswalk, then the driver must stop before entering the intersection (VC 21453(C) Abbrev.).
VC 21453 Penalties
Court Fines & Penalty Fees: The fines and fees associated with ‘running a red light’ in violation of vehicle code 21453 are constantly changing, but currently, the fine is up to $100.00, plus court security fees. Fines for turning right against the red without stopping (i.e., "rolling stop") are $35.00.
DMW Points: Making an illegal turn against a red light can result in up to one (1) point on the driver’s Department of Motor Vehicles (DMW) record.
Note: A driver may have his or her license suspended if sufficient “points” on his or her driving record exceed certain amounts over time, including up to four (4) points in twelve (12) months, six (6) points in twenty-four (24) months, or eight (8) points in thirty-six (36) months. Driving with license suspended is a serious traffic violation. See VC 14601.
Failure to Appear: A driver who fails to appear (FTA) on the ‘running a red light’ ticket may be charged with a violation of VC 40508 (Failure to Appear on Written Promise). VC 40508 is a misdemeanor crime.
Increased Insurance: The rates for insurance will increase if the driver is convicted of failure to yield at a red light in violation of vehicle code 21453. The amount of increase depends on many factors, including the driver’s insurance company. Traffic school might mitigate this insurance rate hike (See Traffic School).
Note: Traffic crimes that are commonly cited alongside VC 21453 citations include DUI (VC 23152) and Reckless Driving (VC 23103). These are serious traffic violations, and the driver should seek the advice of a criminal defense lawyer at his or her earliest opportunity after a citation for these related VC 21453(a) traffic offenses.
VC 21453 Common Defenses
Common defenses to ‘failure to stop at a red light’ allegation includes insufficient evidence to prove that the light was red when the driver entered the intersection, emergency (failed to yield to red light to avoid a greater harm, such as a car crash), driver ticketed is not the driver who was driving the vehicle, duress, inoperable red light traffic signal blocked from view, and more.
Traffic Trial: The defendant is entitled to a traffic trial on a violation of CVC 21453. The defendant should consult with a traffic and/or criminal defense lawyer before proceeding to trial on the citation. This is especially true if the defendant runs a red light (or makes an illegal turn against the red light) and the result is a traffic collision, a DUI arrest, or a Reckless Driving Allegation.
Traffic School: A non-commercial driver ticketed for a violation of CVC 21453(a) may attend driving school (traffic school) in most situations. Attending traffic school will not usually reduce the fine associated with running a red light, but traffic school will reduce the number of points the driver has on his or her driving record and help to reduce the driver’s insurance rates.
Note: Driving school is allowed in VC 231453(a) cases, so long as the driver has a valid driver’s license, is properly insured and has not attended traffic school in the prior twelve (12) months.
Traffic Lawyers: A traffic criminal defense lawyer should be sought after any alleged violation of running a red light. A good traffic lawyer will collect and review the evidence and make the legal arguments that work best for the driver’s particular circumstance.
A traffic criminal defense lawyer will give the driver the best chances winning the infraction trial, reduction of the VC 21453 infraction through negotiations with the traffic judge, or dismissal of the infraction.
Note: Traffic criminal defense lawyers may appear in court on behalf of the defendant without the need for the defendant to appear in traffic court. This does not apply to felony traffic offenses, or more serious misdemeanor traffic offense, such as Driving Under the Influence of Alcohol or Drugs (VC 23152 & 23153).
For more information on CVC 21453, including the law, penalties and common defenses to the traffic offense of running a red light, or making an illegal right turn on red (i.e., "California Stop" on red), contact our traffic criminal defense lawyers for a free consultation.
Our team of successful traffic and criminal defense lawyers handle all infraction, misdemeanor and felony vehicle code offenses, including running a red light, hit and run, DUI, speeding, evading police, racing, joyriding and more. Call today!
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