CVC 21453(a) - Camera Flash Forced The Right Turn - Rainy Night

[Karick143]

What is the name of your state (only U.S. law)? California

On Friday, February 03 2017 approximately around 08:00 PM, I entered the intersection of Cedar Blvd at Mowry Ave NB in Newark California. When I approached the intersection, the light was still yellow and I decided to stop and have already reduced my vehicle speed to less than 15mph to make a complete stop. However, the camera suddenly flashed well before the cross the line (Verified the video posted on the website). Since it was raining heavily, I thought it was a lightning next to my car, from about to stop (break lights on before Flash) I decided to turn right after checking it was safe to do so to avoid an accident. Only after completing the right turn I realized that it was the traffic camera flash which fooled me for a lightning and forced me to turn right.

Can I state this as a defense?

Also, the camera enforced warning sign posted in Cedar Blvd non-complaint with the MUTCD (17) defined by U.S. Department of Transportation Federal Highway Administration that states ‘All advance warning signs should be clearly visible’. The warning sign in Cedar Blvd is
placed between two trees and behind a ‘No Parking’ sign which makes it difficult for a driver to notice the warning sign when driving.

The Red time is 0.86 from the photo, does this mean when I crossed it was less than a second after the signal turned Red?

Please help.

 

[FlyingRon]

Brake lights mean nothing. It doesn't mean you were stopped. All it means is that you weren't blasting through the intersection without at least attempting to slow down. You don't get off for just slowing, you're expected to stop. Yes, the time indicates you cross the line nearly a second AFTER the light turned red.

Even if your car had been directly struck by lightning, running into an intersection on a red light is imprudent (and illegal). Nobody forced you to do anything.


MUTCD doesn't enter into it. First off, this isn't a warning sign under the MUTCD definition. Second, MUTCD isn't obligatory and failure to comply with MUTCD doesn't get you off ignoring a regulatory sign. However, California law has specific rules for posting camera enforcement signs: CVC 21455.5.

Alas, looking at Google Street View for your intersection, the Photo Enforced sign seems to be sufficient size and visibility. It's supposed to be on the approach to the intersection and yours looks well visible.

 

[HighwayMan]

Can I state this as a defense?

I don't think I've ever heard an excuse this ridiculous.