Legal Question in Traffic Law in California

Traffic light trigger ineffective

I was cited for running a red light. My motorcycle does not trigger this particular traffic signal, I have waited through several cycles of the light in the past. I came to a complete stop, then observed traffic in both directions, and checked to see that no cars were approaching from behind. Since there was no approaching vehicle to trigger the light and traffic was clear in both directions, I proceeded through the intersection safely (against the stale red) only to be stopped by an officer who I did not see. I explained that the motorcycle does not have the mass to trigger the light, but he wrote me up anyway. Do I have a chance to win in court or should I just plead guilty and go to traffic school? Do you know of any similar precedence that I could refer to?

Thank you.


Asked on 12/01/01, 4:59 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Traffic light trigger ineffective

Thanks for your posting. This is a common occurrence with motorcycles, and the advisory opinion interpreting the vehicle code states that you are to make a right turn until you can turn safely, not run the red light.

I have won many traffic trials for clients, however, and I do think that it is in your favor to at least set this case for trial. The judge might be sympathetic, the officer might not show up, and your fine might be reduced.

The final decision, of course, is up to you, but if you have any questions, want more information, or want to tell me more about your case, please feel free to email me, or call my office at 714-568-1560. Thanks.

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Answered on 12/05/01, 6:20 pm


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