What is the name of your state? California
I want to contest a traffic ticket for failing to yield to a pedestrian (21950a). I had a few quesitons regarding if I have a case or if I can get them on a technicality based on the following. Basically, I want to know how I can do this effectively without making the judge upset based on the following:
I was driving eastbound on the right hand lane on xxxxx blvd. less than the posted speed limit, I believe to be 35mph but I didn't actually check. I was making a right turn southbond into a college on xxxxxx Rd. The traffic was pretty heavy that day, with cars all around me. I came to a red light, turned on my right blinker, and drove through the bike lane ready to make my turn. A car ahead of me made his turn and right after I made my mine. As I was preapring to make my turn, I inched up (10mph as indicated by my appx. speed) to keep pace with traffic and not stop suddenly as to disturb the cars in front me. When I turned a pedestrian was barely crossing the street (could not have been more than 3 steps out. Since it happened all so fast and I never saw the ped. step off in front of me due to the car ahead of me, I made my turn thinking that I could not stop and block the intersection, making him prone to accident from the heavy traffic. I have thought of all the ways to contest the ticket and here are the possible arguments I came up with.
1. I thought to bring evidence of the traffic situation at the specific time and place of the violation and show that the officer's view may have been obscured. I would also tell my events, but its a he said/she said situation that the officer always wins.
2. Also, I noticed some possible errors on the ticket. The direction of travel indicated I was going east, but when I made the violation I was actually going southbound. There is a crosswalk going east, but it is at a red light and the only possible way to violate that code was to run a red light or go over the line. I was charged with neither.
3. According to 40502(a), I believe, the arresting officer must indicate on the notice to appear a courthouse "nearest or most accessible" to the place of the accident. He put the Palo Alto Courthouse when actually the courthouse in Downtwon San Jose is closer to that courthouse and equally accessible. Should I use this violation on grounds to dismiss my case or simply move my trial location, which would increase the chance the officer would not answer my trial by declaration, travel to the courthouse outside his "home court", or use his relationships and mutual respect for the judges in his home court. Plus, I heard the court in Palo Alto had a bad reputation.
If any other possible arguments come to mind, please let me know. Are any of these facts arguable? Also, what are some possible arguments from the officer and how I can I counter a he said/she said situation. I feel that I was wrongly cited just so they can get money! Help me beat this!
I want to contest a traffic ticket for failing to yield to a pedestrian (21950a). I had a few quesitons regarding if I have a case or if I can get them on a technicality based on the following. Basically, I want to know how I can do this effectively without making the judge upset based on the following:
I was driving eastbound on the right hand lane on xxxxx blvd. less than the posted speed limit, I believe to be 35mph but I didn't actually check. I was making a right turn southbond into a college on xxxxxx Rd. The traffic was pretty heavy that day, with cars all around me. I came to a red light, turned on my right blinker, and drove through the bike lane ready to make my turn. A car ahead of me made his turn and right after I made my mine. As I was preapring to make my turn, I inched up (10mph as indicated by my appx. speed) to keep pace with traffic and not stop suddenly as to disturb the cars in front me. When I turned a pedestrian was barely crossing the street (could not have been more than 3 steps out. Since it happened all so fast and I never saw the ped. step off in front of me due to the car ahead of me, I made my turn thinking that I could not stop and block the intersection, making him prone to accident from the heavy traffic. I have thought of all the ways to contest the ticket and here are the possible arguments I came up with.
1. I thought to bring evidence of the traffic situation at the specific time and place of the violation and show that the officer's view may have been obscured. I would also tell my events, but its a he said/she said situation that the officer always wins.
2. Also, I noticed some possible errors on the ticket. The direction of travel indicated I was going east, but when I made the violation I was actually going southbound. There is a crosswalk going east, but it is at a red light and the only possible way to violate that code was to run a red light or go over the line. I was charged with neither.
3. According to 40502(a), I believe, the arresting officer must indicate on the notice to appear a courthouse "nearest or most accessible" to the place of the accident. He put the Palo Alto Courthouse when actually the courthouse in Downtwon San Jose is closer to that courthouse and equally accessible. Should I use this violation on grounds to dismiss my case or simply move my trial location, which would increase the chance the officer would not answer my trial by declaration, travel to the courthouse outside his "home court", or use his relationships and mutual respect for the judges in his home court. Plus, I heard the court in Palo Alto had a bad reputation.
If any other possible arguments come to mind, please let me know. Are any of these facts arguable? Also, what are some possible arguments from the officer and how I can I counter a he said/she said situation. I feel that I was wrongly cited just so they can get money! Help me beat this!
