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Will my dc red light camera ticket appeal be successful? (i have documents cited in my post)?

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Will my dc red light camera ticket appeal be successful? (i have documents cited in my post)?

Postby adare » Sun Jul 29, 2012 11:48 am

i got a dc red light traffic ticket for $150 for "SIGNAL PASS RED LITE" and violation code "T113". i looked at the video and i did not come to a complete stop before turning right at the light. the light was not a "no turn on red" light, by the way. i went to google and searched "district of columbia traffic and parking collateral list 2012 edition" and clicked on the top result from lefande . com. it has the 2012 edition. on page 15, the code, "T113", is listed for two infractions. The first is under "RIGHT TURN" and states "Fails to come to a complete stop before turning". it comes with a $100 fine and cites "DCMR 18 § 2103.7". the second is under "SIGNAL DEVICE" and states "Passing a red light". it comes with a $150 fine and cites "DCMR 18 § 2103". i looked up DCMR 18 § 2103. it has nine different points; 2103.1, 2103.2, 2103.3, 2103.4, 2103.5, 2103.6, 2103.7, 2103.8 and 2103.9. the "RIGHT TURN" violation sites 2103.7. 2103.7 states:

"A STEADY RED SIGNAL alone or the word “STOP” shall have the following meaning:

(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection;

(b) Stopped vehicles shall remain standing until green, green arrow, or flashing yellow is shown, except as provided in paragraph (c) of this subsection; and

(c) A vehicle facing a steady red signal may cautiously enter the intersection to turn right after stopping. The vehicle shall yield right-of-way to pedestrians within an adjacent crosswalk and to other traffic lawfully using the intersection."

the "SIGNAL DEVICE" violation just sites 2103 as a whole. i don't know why it is so vague instead of citing a specific point like the "RIGHT TURN" violation does. i assume by citing 2103, it means that i have violated the signal in anyway except turning right on red as stated in "(c)" of 2103.7 (why else would they have the "RIGHT TURN" violation as a separate violation?). based off of that assumption, it appears to me that i broke the "RIGHT TURN" law, but not the "SIGNAL DEVICE" law. if i go to court, my ticket should be thrown out, right? it's not my fault that they charged me with the wrong crime.

also, what authority do these cameras have (i'm not trying to be sarcastic. i'm asking because i do not know.)? is it only to give out the "SIGNAL DEVICE" violation or can they also be used to give out the "RIGHT TURN" violation? if they are not authorized to give out the "RIGHT TURN" violation, the judge should not be able to reduce the ticket, but rather only be able to dismiss it, right?
adare
 
Posts: 7
Joined: Thu Mar 31, 2011 11:11 am

Will my dc red light camera ticket appeal be successful? (i have documents cited in my post)?

Postby wendlesora » Sun Jul 29, 2012 11:50 am

i got a dc red light traffic ticket for $150 for "SIGNAL PASS RED LITE" and violation code "T113". i looked at the video and i did not come to a complete stop before turning right at the light. the light was not a "no turn on red" light, by the way. i went to google and searched "district of columbia traffic and parking collateral list 2012 edition" and clicked on the top result from lefande . com. it has the 2012 edition. on page 15, the code, "T113", is listed for two infractions. The first is under "RIGHT TURN" and states "Fails to come to a complete stop before turning". it comes with a $100 fine and cites "DCMR 18 § 2103.7". the second is under "SIGNAL DEVICE" and states "Passing a red light". it comes with a $150 fine and cites "DCMR 18 § 2103". i looked up DCMR 18 § 2103. it has nine different points; 2103.1, 2103.2, 2103.3, 2103.4, 2103.5, 2103.6, 2103.7, 2103.8 and 2103.9. the "RIGHT TURN" violation sites 2103.7. 2103.7 states:

"A STEADY RED SIGNAL alone or the word “STOP” shall have the following meaning:

(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection;

(b) Stopped vehicles shall remain standing until green, green arrow, or flashing yellow is shown, except as provided in paragraph (c) of this subsection; and

(c) A vehicle facing a steady red signal may cautiously enter the intersection to turn right after stopping. The vehicle shall yield right-of-way to pedestrians within an adjacent crosswalk and to other traffic lawfully using the intersection."

the "SIGNAL DEVICE" violation just sites 2103 as a whole. i don't know why it is so vague instead of citing a specific point like the "RIGHT TURN" violation does. i assume by citing 2103, it means that i have violated the signal in anyway except turning right on red as stated in "(c)" of 2103.7 (why else would they have the "RIGHT TURN" violation as a separate violation?). based off of that assumption, it appears to me that i broke the "RIGHT TURN" law, but not the "SIGNAL DEVICE" law. if i go to court, my ticket should be thrown out, right? it's not my fault that they charged me with the wrong crime.

also, what authority do these cameras have (i'm not trying to be sarcastic. i'm asking because i do not know.)? is it only to give out the "SIGNAL DEVICE" violation or can they also be used to give out the "RIGHT TURN" violation? if they are not authorized to give out the "RIGHT TURN" violation, the judge should not be able to reduce the ticket, but rather only be able to dismiss it, right?
A rolling stop isn't considered a full stop. Get your checkbook out or visit an ATM. You're going to have to pay. $150 is cheap for endangering others lives.
wendlesora
 
Posts: 18
Joined: Fri Apr 01, 2011 9:54 pm


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