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Red light violation ticket

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redlighthelp

Guest
What is the name of your state? CA

I just got my first red light violation ticket. I was taking a left turn and was pretty certain that I had entered the intersection when the light was still yellow. The officer was in the lane of oncoming traffic and after pulling me over said that "It cant be that I entered the intersection when the light was yellow because they had to wait".

He didn't say how long they had to wait for, nor did he say that he saw me enter the intersection after the light facing him turned green. Shouldn't the officer have indicated that as the reason for pulling me over if I did in fact enter the intersection after his light turned green ? After all, he could clearly see my car and his light.

What are the chances that the judge will believe me if I point out that the officer didn't indicate that he actually saw me entering the intersection after his light turned green and only presented me with the evidence of a wait ?
I can justify the wait by indicating that my light turned red just after me entering the intersection and it took me some time to clear the intersection
Has anyone used such a defence and won the case ?
 


lwpat

Senior Member
California Red Light Violation

It is very difficult to beat a red light ticket. It is simply your word against the officer and the officer wins.

You should receive a courtesy notice in about two weeks that will tell you the fine and if you are eligible for traffic school. If eligible take the traffic school and keep the violation off your record to protect your insurance premiums.

Most California courts are now accepting online traffic school. For more information see
http://www.trafficschoolonline.com/?lcode=4013
 

CdwJava

Senior Member
The officer is under no obligation to tell you every detail of his reasoning. As a matter of fact, most officers will not do that because it quickly degenerates into a "yes you did, no I didn't" argument.

When I'm waiting at a light, I usually know the characteristics of the light at the intersection. I also know where I can view the light change colors through the cracks in the metal, through a reflection, etc. I also tend to know the coordination and timing of the light.

If I am on a major intersection with 40-45 MPH roads, and you enter the intersection and a second later my light turns green, I can virtually guarantee you ran that red light because I KNOW that the timing of that light is going to be far greater than one or two seconds.

Its all in how the officer can articulate it. And he certainly did not tell you all he knew. But, if you challenge the cite you can certainly bring it up on cross examination.

However, as Lwpat has mentioned, its usually not a winner.

Carl
 
M

meerkat3232

Guest
Many lights especially those in large intersections are "delayed". That means EXTRA time is alloted before the other light turns green, so if you made people wait, and this was a delayed signal, you definitley ran it. You pretty much need measurment, provable speed/distance movement, camera footage of your car through the intersection and the timing sequence to get out of it (if your innocent). I would take Carl's advice here and do the school. For future, it is better to take that extra light wait instead of trying to make it through a yellow. Yellow means slow down, not accelerate to beat the light. Next time you try to make a yellow, hope the guy behind you rear-ends you enough to cause injury. Maybe you can then sue the city. Unfortunately the cities and most of their watch dogs have free reign to make any decision they want regarding our control with legal protection from reprisal and accountability should the law they set or decision they made adversely affect the people paying their salaries. IE "Officer does not have to give his reasoning".
 
R

redlighthelp

Guest
I haven't yet received a courtesy notice and the online traffic ticket system as well as the automated phone system indicate that my citation is not on file

My date to appear before the judge in the court is 13th July (this is indicated on my ticket)

I need to leave the state due to a family emergency tonite. I will be back by the 15th

I was waiting for my courtesy notice to tell me the fine. I wanted to appear in the court and plead `guilty with explanation', hoping that the judge may lower my fine (since this is my first infraction)

So what should I do now ? Can I send someone else on my behalf to represent me? If so, is there some form to be filled out ?

Or can I request an extension by mail indicating the reason that I had to leave due to a family emergency and my citation is not on file

Please help


lwpat said:
It is very difficult to beat a red light ticket. It is simply your word against the officer and the officer wins.

You should receive a courtesy notice in about two weeks that will tell you the fine and if you are eligible for traffic school. If eligible take the traffic school and keep the violation off your record to protect your insurance premiums.

Most California courts are now accepting online traffic school. For more information see
http://www.trafficschoolonline.com/?lcode=4013
 

CdwJava

Senior Member
The only person who can be there to represent you would be an attorney. If no attorney can show, I would recommend getting to the court house bright and early because you may be waiting in lines off and on for much fo the day. And if you think THAT is an inconvenience - try jail ... which is what might very well happen if you do not show.

If you leave, and the cite is on file, a warrant will be issued for your arrest. AFTER the fact (when you get brought in to see the judge later) a judge may release you because no notice or record was on file to allow you to pay the fine early, but you are still legally obligated to be IN court on July 13th.

A courtesy notice is just that - a courtesy. And checking "automated" systems is an unaccountable and often inaccurate method of determining something this important. You need to speak to a living, breathing body, get their name and/or ID number, and document all this including the time and date you called, and explain it all to them. At least then you have something to tell the judge later.

In the meantime, I would recommend coming straight to the court house the morning after you return and bring the citation with you. And to really show initiative, bring a copy of an airline ticket or some proof that you HAD to go away for this "emergency". They MAY be able to schedule a new hearing date for you at that time. Or, they may call the bailiff to hook you up ... so be ready for that possibility as well.

Good luck.


Carl
 
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R

redlighthelp

Guest
But I need to fly out tonite for a personal family emergency. This emergency couldnt be foreseen :(

Is there any way that I can get an extension to appear in court ? Is there any form for that ?
 

CdwJava

Senior Member
redlighthelp said:
But I need to fly out tonite for a personal family emergency. This emergency couldnt be foreseen :(

Is there any way that I can get an extension to appear in court ? Is there any form for that ?
Probably ... but you woul dhave to be there to fill it out. Since you are not there, you may have to wade through a greater morass.

All I can suggest is that you get on the phone in the morning and speak to a warm, breathing body and explain the situation. Then, the morning after you return, go straight to court to get a new date or pay the fine ... or whatever you need to do.

Carl
 

stephenk

Senior Member
Traffic signals in Los Angeles are typically set for 3 seconds at yellow and then 1 second all lights are red before the change to green.
 

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