fightthisticket
Junior Member
Back in September I got a unfair ticket with 3 counts of violation. I finally just received the amount last week for ridiculous high amount of $1300. I am curious as how to fight it and would love some advice. I have done some research on my own but would love to hear from people who have fight and won.
The 3 violations are VL 2145-3(a) red light, VL 21461(a) fail obey sign, VL 22451 (a) stop on r/r track. (As written on the citation.) I live in southern California and the ticket from San Gabriel Valley.
I was driving at night and the street leading to the light/railroad is a curve. Prior before turning into the dark curve, the signs and lights are not within view. I drove up to the curve with 3 turning lanes that intersect with the railroads. The 3 turning lanes has 2 sets of lights, left & right floor indication in front and behind the rail road tracks. Making it appears as though the floor indication in front of the rail road tracks is a stop area.
Please note when I pull up to this curve there was no signal the train is coming but a regular red light and I had made a full stop. The violation code VL 22451 (a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist:. It does state I am required to stop or any immediate hazard, pedestrian, or signal the train is coming. Am I correct to say that I was ticketed wrong?
Next question, should I request a 60 day extension around the holiday hoping the officer would not show up? Or should I request a extension and opt for a Trail by Declaration? I looked up the officer salalry and clearly he makes a good living with a salary of $73,000 and overtime pay of $33,000! I am curious to hear all your great advice.
Thank you!
The 3 violations are VL 2145-3(a) red light, VL 21461(a) fail obey sign, VL 22451 (a) stop on r/r track. (As written on the citation.) I live in southern California and the ticket from San Gabriel Valley.
I was driving at night and the street leading to the light/railroad is a curve. Prior before turning into the dark curve, the signs and lights are not within view. I drove up to the curve with 3 turning lanes that intersect with the railroads. The 3 turning lanes has 2 sets of lights, left & right floor indication in front and behind the rail road tracks. Making it appears as though the floor indication in front of the rail road tracks is a stop area.
Please note when I pull up to this curve there was no signal the train is coming but a regular red light and I had made a full stop. The violation code VL 22451 (a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist:. It does state I am required to stop or any immediate hazard, pedestrian, or signal the train is coming. Am I correct to say that I was ticketed wrong?
Next question, should I request a 60 day extension around the holiday hoping the officer would not show up? Or should I request a extension and opt for a Trail by Declaration? I looked up the officer salalry and clearly he makes a good living with a salary of $73,000 and overtime pay of $33,000! I am curious to hear all your great advice.
Thank you!
VL 22451 (A)
(a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed.
(c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.
Circular Red or Red Arrow
21453. (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
(b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
(c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
Amended Sec. 1, Ch. 14, Stats. 2001. Effective January 1, 2002.
Obedience by Driver to Official Traffic Control Devices
21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.
(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).
Amended Sec. 1, Ch. 203, Stats. 2004. Effective January 1, 2005.
(a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed.
(c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.
Circular Red or Red Arrow
21453. (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
(b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
(c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
Amended Sec. 1, Ch. 14, Stats. 2001. Effective January 1, 2002.
Obedience by Driver to Official Traffic Control Devices
21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.
(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).
Amended Sec. 1, Ch. 203, Stats. 2004. Effective January 1, 2005.
Last edited: