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Feedback WANTED on my TBWD draft for a Rght Turn on Red

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bobbydarling

Junior Member
What is the name of your state (only U.S. law)? CA

Please read and comment Thanks. Right turn on Red TBWD argumernt.

I will post photos later.

You can go to Pear Ave and Shoreline on Google for the Satellite photo.

Traveling northbound on highway 101 in Mountain View. I exited at Shoreline Blvd.. As I approached the red stoplight at the end of the off ramp I slowed to stop. As I was doing so, the right turn arrow turned green, I turned right and proceeded eastbound on Shoreline Blvd. As I did, I noticed a Mountain View police car in the westbound left turn lane at the intersection of Pear and Shoreline Blvd. As I proceeded through the green light at that intersection, I noticed the officer turn on his lights. The officer then proceeded to make a U-turn and get behind me. I immediately pulled to the side of the rode.

The officer asked if I knew why he stopped me. I said no. He said that I had made an illegal right turn on red. He said that the light at my intersection had to be red because the light for westbound traffic on Shoreline Blvd. was green.

I told him the turn light was green but to no avail. He wrote me a ticket in violation of VC22101 (d).
For me to have violated the above, the right turn arrow would have to red.

I asked the officer why he thought that I had a red light. He stated that eastbound traffic on Shoreline Blvd. had a green light therefore I must have had a red.

I’m sorry but the officer made an honest mistake.

At any normal intersection, if the traffic in one direction has a green light it can be assumed the traffic waiting for the light in the opposite direction has a red light. As you can see from the photos, this is not a normal intersection.

On the 101N off ramp approaching Shoreline a driver is greeted by several arrow signals: some for turning left, some for turning right, and a “No Right Turn on Red” sign. The is no circular signal for going straight.

Traffic traveling westbound on Shoreline at this intersection must go straight. Posted signs clearly prohibit left or U-turns. There are straight arrows in each lane.

Because of these restrictions, a driver making a right turn onto eastbound Shoreline from the off ramp would never be in conflict with a driver traveling westbound on Shoreline.

Therefore, there is no reason the signal governing westbound traffic on Shoreline AND an arrow governing a right turn onto eastbound Shoreline from the off ramp could not be green at the same time.


Although I believe I have presented sufficient evidence to prove I didn’t commit the above offense, I have two more points.

I believe the officer used the light at his intersection (Pear and Shoreline) to determine that westbound traffic on Shoreline had a green light at my intersection (101 off ramp and Shoreline).

Why is this significant?
The lights at these two intersections are not always green at the same time.
I believe he assumed that westbound traffic on Shoreline had a green light at my intersection because it had a green light at his intersection. Using that assumption as evidence to assume I had a red light when I made my turn. However, it was possible the signal for WB traffic at my intersection was red. If this was the case then BOTH arrows facing me could have been green.

Why do I think the officer used the light signal at his intersection?

His view of the lights governing my intersection was completely obstructed by trees. The photo I took the following day from his position in the westbound turn signal at Pear and Shoreline and the satellite pictures from Google prove it.

Finally, I would just like to point out that my behavior may have influenced his thinking.

I slowed down as I approached the light. Before the signal changed to green I may have even stopped briefly. I may even have looked left for safety before proceeding my turn.

He may have thought I made a right turn on red. However, thinking doesn’t make it so.


Thanks
Bob
 


Can you simply go there and observe/film/photograph the way this light operates and prove this officer incorrect? Obviously, if the light operates this way, it does it all day everyday...

So.. if you cant and are arguing on merit hoping your argument at least plants reasonable doubt in the mind of a traffic commisioner/judge in the state of CA... I would favor not accepting a commissioner if asked, asking that they recuse themselves, disqualifying their 1st judge or commissioner pursuant to 170.6 CCP if they refuse to recuse themselves, irritating discovery requests or subpoena deuces tecums, submission of various motions and orders, continuances, and generally fighting this out. .. then of course doing it all again in a trial de novo. Might as well make them earn it and give them as much opportunity to screw up as possible.
 

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