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People v. Kelly12/10/2003
oreover, I find unpersuasive the notion that the legislature intended section 11--1303 to apply to circumstances such as these. Admittedly, "stand," read literally, would encompass any time a vehicle is not moving. See 625 ILCS 5/1--194 (West 2000) (defining "stand" or "standing" as "the halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers"). However, I do not believe that the legislature intended to make unlawful instances where a motorist hesitates for a relatively insignificant period of time for whatever reason, be it that he or she is changing the radio station or glancing at a map, before proceeding through a green light.
In short, while standing at a green light may, under certain circumstances, constitute a violation of the law, I do not believe that the evidence presented in this case demonstrated a violation of either section 11--306 or section 11--1303 of the Code. Therefore, I respectfully dissent.
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