opinion needed on traffic violation needed!

Discussion in 'Bay Area Bikers' started by Guest, May 26, 2004.

  1. Guest

    Guest Guest

    I recently got a traffic ticket for cvc 21800 (D) (1). I ran a 4 way
    inoperative traffic light at normal speed. The sun is the only legitimate
    excuse I have for not seeing the dead light in front of me (3PM traveling
    West directly into sun). It is a light that is set up to be green more
    often in the direction I was traveling.

    The dilemma I have: the cop that wrote the ticket told me he was called out
    to the intersection because there were some "close calls" earlier due to the
    traffic light being dead. He also stated that it was due to some miscue
    caused by some workers on the side of the road (I believe it was PG&E). If
    that was the case, is it okay for the cop to not mark the intersection
    and/or control traffic either by flares or physically being out there in the
    intersection? Will the Judge side with me on this type of entrapment?

    Guest, May 26, 2004
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  2. Guest

    muddycat Guest

    An inoperative light is treated as a stop sign. There is no excuse, pay
    muddycat, May 26, 2004
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  3. Guest

    Charlie Guest

    "I ran a 4 way inoperative traffic light at normal speed." The judge
    wouldn't probably let you finish your sentence with an intro like that.

    Did you bother to read the CVC you mentioned?

    "(d) (1) The driver of any vehicle approaching an intersection which has
    official traffic control signals that are inoperative shall stop at the
    intersection, and may proceed with caution when it is safe to do so. This
    subparagraph shall apply to traffic control signals that become inoperative
    because of battery failure."

    Another cry baby who admits breaking the rules but doesn't want to be held

    If the lights at an intersection aren't working you treat the intersection
    like it's a 4-way stop. Period. Forget about "normal speed" whatever the
    hell that means. You failed to stop.

    How is that entrapment?

    You made a mistake and got caught. Sure, the cop was being a lazy by not
    directing traffic like he probably should have but that's not the first time
    a cop hasn't done his job and it won't be the last. The cop would probably
    say it wasn't safe to stand in the intersection because of the angle of the
    sun.. which he might have a good point now that I think about it.

    So pay the fine, go to traffic school if that's an option, and learn from
    your mistake.
    Charlie, May 26, 2004
  4. Guest

    JB Guest

    As a solar astronomer at Stanford I can tell you that the Sun is pretty
    friggin' high in the sky at 3pm this close to the Summer Solstice. Of
    course, any sunbather could tell you that. Being a scientist, I just
    steeped out and measured it (2:45 PDT = 1:45 PST) it was nearly 70
    degrees above the horizontal!! So unless you were going up the side of
    the TransAmerica building "Sun in my eyes" doesn't wash.

    Being a true empiricist, I went outside wearing my helmet and I had to
    crane my neck uncomfortably to be able to see the Sun. Try it
    yourself. I canot imagine how you could get the Sun in your eyes if
    you were driving safely. Maybe I ought to volunteer to be an expert
    witness for the prosecution.

    PS. A colleague laughing added this: supposing you have a flexible neck,
    if you waited to look at the traffic light until you were so close that
    it was at a 70 degree angle you wouldn't have been stop safely before
    entering the intersection ... in fact, you would have to be IN the
    intersection in most cases.
    JB, May 26, 2004
  5. About the only legitimate defense would be if this area had many lights
    put out that weren't yet in service. Perhaps then you might mistake a
    dead one for one of them.

    If the sun caused this, I'd suggest you put a dark visor on your helmet.
    This time of year I find I'm always riding into a hard sun and I've been
    much happier since I made this switch. Come September or so I'll move
    back to a clear one and remember my sunglasses. Huge improvement in
    Jason O'Rourke, May 26, 2004
  6. Guest

    Guest Guest

    Good point Ray!... but I don't think I will try, I will choose the traffic
    school route.

    Guest, May 27, 2004
  7. Guest

    Guest Guest

    I'll take a cup of coffee with this one!

    Guest, May 27, 2004
  8. Guest

    Guest Guest

    Ouch!... thanks for straightening me out!

    Guest, May 27, 2004
  9. IANAL, but it doesn't say it ONLY applies to battery failure. It just
    says it does apply to battery failures.
    John R Pierce, May 27, 2004
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