• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Incorrect Right Turn

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tonyvillegas

Junior Member
What is the name of your state?I was at a light stop at an intersection apparently they had been doing some work but traffic was moving from west to east and viceversa i was traveling north bound and i was gonna make a right turn as soon as the traffic stopped i made a right turn - the police stated there was a sign that said no right turn i didnt see this sign since traffic was moving in both directions i like to fight this moving violations -but dont know under which grounds to based it on please advice
im in los angeles california
 


seniorjudge

Senior Member
tonyvillegas said:
What is the name of your state?I was at a light stop at an intersection apparently they had been doing some work but traffic was moving from west to east and viceversa i was traveling north bound and i was gonna make a right turn as soon as the traffic stopped i made a right turn - the police stated there was a sign that said no right turn i didnt see this sign since traffic was moving in both directions i like to fight this moving violations -but dont know under which grounds to based it on please advice
im in los angeles california
If you made an improper right turn, then you are guilty of making an improper right turn and need to pay the ticket.
 

JETX

Senior Member
tonyvillegas said:
i like to fight this moving violations -but dont know under which grounds to based it on
Okay, lets see if I have this straight.

You made a right turn from an intersection that the officer says had a no turn sign.
You got a ticket for it.
You want to fight it... but don't know 'what grounds'!!!
You come to this site to try to develop a defense to the citation.

Is that it???
ROTFLMAO!!!

The ONLY question you have to answer is... was their a sign prohibiting right turns?? If so, then you have NO chance of getting out of this one!!!
 

Pugilist

Member
Plead not guilty. You have a very good chance that the officer will not show up for the trial, in which case the ticket will be dismissed. I was at a trial session this afternoon and 2/3 of the officers didn't show up, so 2/3 of the cases were dismissed. (There were also 5 defendants who didn't show up for the trial, so automatically lost. If they had bothered to show up, they would have won as their officers weren't present!)

If the officer does show up, you can do one of the following.

1. Immediately ask the judge for traffic school. Every judge will give it to you if you ask for it right at the beginning of the trial session.

OR

2. Argue your case. Using photos of the intersection (with the distracting construction work showing) and whatever you can find in books (from library) on how to fight your ticket. However, odds are you will lose (your word vs. the officer's word), and many judges will not give traffic school to people who have argued their case (and lost).

Good luck.

Pug
 

JETX

Senior Member
Pugilist said:
Plead not guilty. You have a very good chance that the officer will not show up for the trial, in which case the ticket will be dismissed.
No longer true in most jurisdictions.

I was at a trial session this afternoon and 2/3 of the officers didn't show up, so 2/3 of the cases were dismissed.
If true... clearly a local condition. As I said before, most jurisdictions now pay the officer for court time (thereby reducing the no-shows) or reset the date if the officer has a valid reason.

If the officer does show up, you can do one of the following.
Immediately ask the judge for traffic school. Every judge will give it to you if you ask for it right at the beginning of the trial session.
Though fairly common... this is NOT automatic.
 

gawm

Senior Member
is there a sign there or not? just because you did not see one doesn't mean one is not there! if one is not there take a pic of the intersection and bring it with you to court. But we all know there probably is a sign there.
 

Pugilist

Member
The poster asked about a ticket in Los Angeles. The advice I gave earlier is based upon my real-world experience in Los Angeles, and I stand by it. JETX is in Texas.

I agree with JETX that technically, at a not-guilty trial session, judges have the right to refuse giving you traffic school - even if you ask for it at the beginning. But the practice here is that they always give it to you. There's a practical reason for them doing that. If they didn't give it, every defendant would hang around and argue his case and the court session would end at 11 p.m.

I also agree with JETX that if the officer contacts the court and gives a valid reason for his failure to attend, the court will continue the matter. But that is very rare, around here. There's a practical reason why so many fail to show up. Their time costs the city, or the CHP, around $100 an hour. The officer (and maybe his partner too) will spend at least two hours at court = $200. The city, or the CHP, gets much less than that as their share of the ticket - and then only IF the defendant is found guilty.

I recognize that things vary from state to state, so I won't be giving specific advice (if any at all) about Texas tickets.

Pug
 
Last edited:

Sabor

Member
o mannn

WHHHEEWW thats a tough one. Pugilist pretty much nailed it. Written declaration, then proceed to court if you loose (given he writes back). IN the declaration make it simple and sweet, your just looking for hte officer not to reply. Say something like, o... the sign was blocked by a .... flying kite, whatever, just make it so the officer does have to refute your statement, but dont like by saying there was no sign etc. You could try alittle white lie and say it had hours of crossing, and you were within the hours now that would really be annoying to go back and see. Basically just try to hope he doesnt respond. O yeah, check out if the sign was accross the traffic or before. Most no turn signs need to be placed abudding to the drivers side so they can see it in case there is traffic or something obstructing the view of it. SOOOOOOO if it was accross the street where they were driving, take a look at the cal trans engineering handbook and makes ure they followed the guidelines for posting that sign int he right place. all right turn signs i have seen are in direct visible view, about 8-12 feet before the intersection. Or if it is accross the intersection it is pposted very high, so you can see above standard moving vehicles. Good luck. Although your guilty as hell and it wreeks, i suggest this advice because in CA the insurance rates that are given to drivers are incredibly high and obsurd. Get 2 points and kiss your arse goodbye. Thats why you m ust try to contest as much as possible and use your traffic schools approriatly. 1 $200 citation for the court makes a $300+ EXTRA fee annually to you.
 

CdwJava

Senior Member
Pugilist said:
time costs the city, or the CHP, around $100 an hour. The officer (and maybe his partner too) will spend at least two hours at court = $200.
Even at time and a half, their court wages (CHP or LAPD) won't come anywhere NEAR $100/hour. Try a high end of less than half that amount and you will be in the ballpark. The highest paid agencies in the state would come to just a hair OVER $50 per hour at time and a half.

You are right about the money - even if found guilty, the agency wouldn't get that money back. And the CHP doesn't really get that money back at all - state law enforcement is funded in different ways than local law enforcement. With some $22 of every $100 fine making it's way back to the issuing jurisdiction (if they haven't already hit the cap - which most of us do several months into the fiscal year) you are dead on - it does not pay the agency back for the cost of the officer's time. In fact, it might barely even pay the cost of issuing and processing the cite in the first place.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top