I turned right after stopping completely at a red light at the intersection of Guadalupe and Lamar. I was going North. I was stopped and ticketed for running a red light. The officer maintained that I was continuing North, and so it was like going through a red light at a cross intersection. My direction changed. I turned right. I was on one street and then was on another. I do not see how that does not constitute a right turn, and texas traffic laws clearly allow for a right turn on red. I would like to challenge this. Any advice from someone with knowledge of Texas Traffic laws would be helpful. Thanks.
Sec. 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL. (a) A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section. (b) An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn. The operator shall yield the right-of-way to other vehicles and to pedestrians lawfully in the intersection or an adjacent crosswalk when the signal is exhibited. (c) An operator of a vehicle facing a green arrow signal, displayed alone or with another signal, may cautiously enter the intersection to move in the direction permitted by the arrow or other indication shown simultaneously. The operator shall yield the right-of-way to a pedestrian lawfully in an adjacent crosswalk and other traffic lawfully using the intersection. (d) An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. A vehicle that is not turning shall remain standing until an indication to proceed is shown. After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may: (1) turn right; or (2) turn left, if the intersecting streets are both one-way streets and a left turn is permissible. (e) An operator of a vehicle facing a steady yellow signal is warned by that signal that: (1) movement authorized by a green signal is being terminated; or (2) a red signal is to be given. (f) The Texas Transportation Commission, a municipal authority, or the commissioners court of a county may prohibit within the entity's jurisdiction a turn by an operator of a vehicle facing a steady red signal by posting notice at the intersection that the turn is prohibited. (g) This section applies to an official traffic-control signal placed and maintained at a place other than an intersection, except for a provision that by its nature cannot apply. A required stop shall be made at a sign or marking on the pavement indicating where the stop shall be made. In the absence of such a sign or marking, the stop shall be made at the signal. (h) The obligations imposed by this section apply to an operator of a streetcar in the same manner they apply to the operator of a vehicle. (i) An operator of a vehicle facing a traffic-control signal that does not display an indication in any of the signal heads shall stop as provided by Section 544.010 as if the intersection had a stop sign. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 19.04, eff. Sept. 1, 2003.
I believe you could successfully challenge this ticket in court, but I'm not a lawyer. I don't see why the intersection has to be a 90 degree turn to turn right on red. Maybe since Guadalupe ends there, and you were on Lamar, and turned onto Lamar, that constitutes going straight on Lamar (?). OK, just hire a traffic ticket lawyer and pay them, at least the lawyer gets the money and not the city, and it doesn't go on your record. They almost always end up beating the ticket.
I've gone through that intersection many times and never considered a right turn on red an option. Consider taking defensive driving to keep the ticket off your record. Many times an increase in your insurance for several years is much more costly than the ticket.
I drove back by the intersection, and I think it was just a momentary lapse of reasoning. My life has been really chaotic lately, and I think my brain just decided to stop working for a moment. It does seem much more like you're going straight and not turning right. Lesson learned. Thanks for the advice.
Yeah, if you don't have other tickets, you can take defensive driving, although you still have to pay the fine and the cost of the defensive driving, I believe. The traffic ticket lawyer may be a little higher cost than the ticket, and you must realize they aren't always 100% successful, but usually they are, and then the ticket doesn't go on your record, and your insurance doesn't go up, and they don't come and taze you and take your license away the next time you go 65 in a 55 zone. When I was young and rash and got tickets on a semi-regular basis, the traffic ticket lawyer was definitely the way to go. Whatever you do, don't let the time period elapse before you do something about it. Read the fine print. They will be happy to issue a warrant for your arrest the day after the time period is up.
Glad you came to came to that conclusion. I looked at the intersection via Google Maps and you would have a hard time convincing anyone that your were making a righ turn. But I certainly understand how your brain might get confused if you were thinking, "I need to turn onto Lamar".
I guess that fee is what I was remembering, and depending on the ticket, it can be about the same price after you pay for the defensive driving.
According to the Municipal Court web site, the fine for "Failure to Stop at Proper Place - Light Intersection" is $217 (early payment) or $275 (standard). By contrast, the defensive driving fee is $111 to the court + $25 for the class itself. There aren't many tickets that are cheaper than $136.
One little detail about defensive driving... For a speeding ticket, you can only do defensive driving if you were clocked within 25 mph of the speed limit. So, say you were clocked doing 100mph on I-37 heading toward Corpus and the speed limit is 70mph... No defensive driving for you. And that DPS officer wasn't amused when I told him I was just breaking in a new set of tires
Great read TXSNOS, thanks. It looks like you answered something I have always wondered. If you have 2+ lanes in your direction and the right lane is right turn only, it sounds like you can turn right from the second lane (next to the right turn only lane) at a red light b/c the statute doesn't require far right lane for right turn on red. Cool.
is there a sign that says no right on red? been past there many times on my way to whataburger and never went right on red but dont recall if theres a sign or not. just go to court. cops are usually too busy to show up on their day off to deal with a ticket like this. my friend has gotten off repeatedly just by showing up to the court date and the cop not appearing.
