Advice need for beating blocked intersection ticket

[Alpha13]

What is the name of your state? California


I got a ticket for blocking an intersection. What happened was, a 2 lane road was merged into 1 (due to construction) right before an intersection. Ryder truck merged in front of me, we get the green light and start moving. The line abruptly stops with me dead center in the intersection (the truck was also halfway in) Motorcycle cop sees this and immediately pulls me to the side and tickets me.

I don't know if I have much of a case because I was probably following too close to the truck. I'm not a tailgater, but the traffic was moving slowly; but just fast enough for me to assume it would keep going. Anyways what do you guys think is my best option? I have already tried scheduling a court date in order to reschedule, in an effort to discourage the cop from showing up. I guess my court is wise to this because once you schedule a court date you can't reschedule. Instead of doing anything I got a 2 month extension to make a decision. If I can't completely avoid this ticket i would like to minimize the fee, any suggestions what to do?

Thanks

 

[Pugilist]

Fight it. Plead not guilty. There's a good chance the officer will not show up for the trial, in which case the ticket will be dismissed.

I'm guessing that its for 22526. I believe (not 100% sure - see 22526(e)) that this violation doesn't put a point on your record, so traffic school is not necessary to expunge the point. So, you can fight it without having to worry about the judge taking traffic school away from you.

If the cop does show up, you can either put up a defense & argue your case (you will most likely lose) or immediately ask the judge for a fine reduction. If he gives you the reduction, take it. If not, argue the case.

For details on arguing the case, go to library and get book on how to fight your ticket. Every library has good ones.

Happy Halloween.

Pug

 

[Sabor]

excellent post

I must agree here. The above is excellent advice. Confirm, and most likely this ticket not a moving violation, most insurance companies will not increase your rate because of this if you were found guilty.

You also have a alternative, writing a written declaration stating your case (google or look on this forum explaining it). If the officer returns the letter and you receive guilty, then file for "Trial De Novo" the clerk will give it to you or they will mail it with your possible guilty verdict. If you do have to file a trial de novo then simply show up to court and use advice stated by pugilist. If you are guilty again, well you tried.

My likely scenario prediction is , officer will not even reply to the written declaration. It is not a major violation.

Measure your time invesment value vs. fighting it: you can make your decision from here. Once again excellent previous post!

 

[Alpha13]

Thanks for the excellent advice. I should have included the violation - 22526A (then a couple spaces followed by 29)

Looking at this resource:
http://abailstop.com/sanbernmis.pdf

I see that 22526A is marked as a traffic violation, not a parking. Not sure but I'm assuming this means it's a point. Tomorrow I'll see what I can get at the library, but I have one more question: If I can get another 2 month extension, I should probably do it right? Or do you thik the cop would be more likely to come down on me for doing several extensions? I want to put on as much time as I can so he will hopefully forget about my ticket altogether.

Thanks

 

[Pugilist]

I still think it's not a point.

Definitely take all extensions you can.

Pug

 

[CdwJava]

Per CVC 12810.4, CVC 22526 is NOT a point on your license.

12810.4. Notwithstanding any other provision of law, no violation point shall be given for a conviction of a violation of Section 22526.

- Carl