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No Right Turn on Red in the Fog?

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FeatherStar

Junior Member
The other night I went to go pick up a friend from work, and I was pulled over because I made a right turn where it said no right turn on red. However I was not able to see the sign posted due to the fog. I told the officer I was sorry but I didn't see the sign because of the current weather conditions. He wrote me the ticket anyway. Do I have any recourse?

I am in the state of California.

Also, this 4 block area is a spot where the police camp out at all night, to bust people coming out of the bar. They pull people over all the time.

He actually tried to tell me I had been drinking, when infact I didn't drink anything all night. He made take a sobriety test, where I did indeed pass since I hadn't been drinking. Then he told me I didn't stop at the red light at all. When I told him yes, I did stop, he moved on to the "no turn on red" idea.
 


CraigFL

Member
I suppose he felt that if you couldn't see the sign, it was unlikely that you could turn into traffic on red safely...
 

Spike

Junior Member
Hey Featherstar,
From what I gathered on this and other sites is that if you do intend to fight the citation, get as much evidence as you can. I would get weather information and also the tape of the sobriety test. Ask if there is a recording of the encounter (audio or video). I think I'm about to fight a false moving violation as well. Take pictures of the area where you were pulled over. Witnesses of the fog may help too. Sorry bout your luck and sorry if I cannot help. I'm new to this and certainly not a lawyer or anything like that.

Spike
 

Spike

Junior Member
Oh, and look up the laws regarding your citation online for your specific state. I have read in the past exclusions on if a sign is ubstructed up to 85%, whatever that means.

Spike
 

CdwJava

Senior Member
The fact that the police hang out near the bar is irrelevant.

What was the specific charge (number) on the citation? That will tell you what the offense is.

You can always go into court and articulate to the judge that you did not see the sign ... but, if the fog were THAT thick that visibility was less than ... what? 50 feet? Then I would think that even the cops wouldn't be doing much moving around. I think you'll be playing roulette on that one - especially if the officer and the weather report says visibility was like 300' or so.

Traffic school may be an option. Many traffic courts in CA remove traffic school as an option once you take the stand at trial, so making your claim of a vision obscurement would seem to be a heck of a gamble.

- Carl
 

CdwJava

Senior Member
CA law would be controlling with regards to the sign.

I'm still waiting to see what section he was cited for.

- Carl
 

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