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Old March 16th, 2015, 11:45 PM   #21
FreelancerMG
ninjette.org member
 
Name: Chris
Location: Cypress, CA
Join Date: Jan 2015

Motorcycle(s): 2013 Ninja 300, 2001 V-Star 1100 Classic

Posts: 55
CA has some obscure vehicle code that should allow a motorcyclist to run a red light on grounds that the light was "malfunctioning." You COULD argue that the light's purpose is to safely meter all traffic and if it doesn't register and properly meter motorcycle traffic, the light is technically malfunctioning and inoperable since it's not metering all traffic and failing it's basic function. The big issue with this though, anecdotally, some traffic judges have said that they don't care that the light is inoperable and will find all transgressors guilty regardless on the status of the lights so long as they're "on." Many judges in CA anyways seem to have a very loose definition of "operable."

If you get a ticket, do a trial by declaration and fully explain the case, cite the vehicle code sub-paragraph, submit any witness testimony as well as the fine amount. If you win, you'll be refunded the amount of the fine and absolved. If you fail, you get a sentence and lose out on the fine BUT you do get the chance to then submit a trial de novo and have a full on trial and start from scratch. Although, this is all done at your own risk. While I study some laws here and there for fun and entertainment, I'm not a lawyer or judge so take that for what it's worth.

Also, many police officers I've met only learn the basic laws pertaining to primary and secondary offenses and primarily rely on the courts to handle the rest. There are a ton of laws on the books and memorizing them is pretty much impossible so I can't blame them. The section on the vehicle code alone for CA is a freaking tome.

TLDR: read and understand the local laws pertaining to this and bounce some questions off a lawyer that's willing to answer those questions.
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