CAR WRECK ! Two cars are driving in opposite directions. Car One enters the intersection on a yellow light, and waits for an opening in the opposing traffic so that it can turn left. Car Two is driving in the opposite direction, and enters the intersection as the light turns red and as Car One turns left. Car Two hits Car One in the right rear corner of Car One. Police are called to the scene. Who gets a ticket for running the red light? Car One? Car Two? Or both? My client was Car One. In my client’s case, both cars were given a ticket, and I challenged it in court.
There is a popular misconception in Georgia, even among police officers, on what it means to “run a red light.” The statute that addresses this is known as Official Code of Georgia Annotated (“OCGA”) Sec. 40-6-21(a)(2)(A):
“Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection; ….”
In my client’s case, I showed the statute to the prosecutor, who agreed that my client did not violate the statute since she entered the intersection on a yellow light, and not on a red light. So the prosecutor did the right thing and filed a Nol Prosequi of the case (which means the prosecutor decided to no longer prosecute the case).
In Georgia, a driver is legally permitted to complete a turn through an intersection on a red light, as long as the driver entered the intersection on a green or yellow light. But drivers who do so may still find themselves being given a ticket by police officers who have not read the statute. If so, call the Waites Law Firm. You have questions. I have answers!