Fighting a Red Light and Failing to Yield Violation in San Bernardino, CA

[phapha]

What is the name of your state? CA

This is my first traffic violation ticket & I got pulled over for VC21453(a) & VC21806(a) which I plead not guilty to.

I was making a right turn on a red light, stopped, checked and saw that it was safe to go and when i turned I saw a police officer standing outside of his car on the side of the road with his car parked on the side. He was pointing at the road and mouthing something. And I thought that he was just giving me traffic directions to proceed forward. Since the DMV Book/Drivers Ed never taught me to pull over to police officers standing on the side of the road and pointing like that. I also did not think I did anything wrong so I continued driving. And then I saw him get into his car and turn on his sirens. Because I was driving on a narrow one lane street with very little room for me to pull over I decided to keep on driving until I could find a safer place to pull over to, but that was taking awhile so eventually I pulled over after about one minute of the officer following me. I took some pictures of the road to show in court.

How can I make my case stronger for the red light ticket and failing to yield to an emergency vehicle?

Is a request for continuance recommended?

Is it legal in the state of CA for officers to be waiting/spying on people like this since it was very obvious that he was looking for people to write tickets to?

Are police officers required to record conversions when they pull people over?

I think this officer was on purposely trying to find every accuse to suck all my money out because I also couldn't show him proof of insurance since I forgot to put it in my car that day and on the ticket he checked that it wasn't a correctable violation. So when I got the fee amount I had no idea why there were 2 different fine amounts, I had to call the court and ask what the difference was. Man if I hadn't asked I would not have known to bring proof of insurance to court!!!!

[racer72]

How can I make my case stronger for the red light ticket and failing to yield to an emergency vehicle?

Prove you did not commit the violations.

Is a request for continuance recommended?

Depends, do you need the extra time?

Is it legal in the state of CA for officers to be waiting/spying on people like this since it was very obvious that he was looking for people to write tickets to?

I seriously doubt the officer was spying on you. From you description, is sounds like an officer performing routine traffic enforcement.

Are police officers required to record conversions when they pull people over?

No.

I think this officer was on purposely trying to find every accuse to suck all my money out because I also couldn't show him proof of insurance since I forgot to put it in my car that day and on the ticket he checked that it wasn't a correctable violation.

State law requires all motorist to have proof of insurance with them, the officer wasn't trying to "suck" money out of you. Your forgetfulness was your downfall. If you show you were properly insured at the time of the stop, the fine will be reduced.

Based on your lack of knowledge of the legal system and a poor attitude, I would suggest you talk to a local attorney about your situation.

[CdwJava]

Originally Posted by phapha

How can I make my case stronger for the red light ticket and failing to yield to an emergency vehicle?

All you can do is tell the truth as you saw it. If your pictures so with certainty that it was an unsafe place to pull over, that will help.

Understand that when people fail to pull over, the cops get a tad nervous ... we sometimes get shot when that happens.

Is a request for continuance recommended?

As Racer suggested, if you need the time.

Is it legal in the state of CA for officers to be waiting/spying on people like this since it was very obvious that he was looking for people to write tickets to?

"Obvious" to you, perhaps, but I doubt he was standing there outside of his car just waiting for people to stop.

If he had been, yes, it would have been legal.

Are police officers required to record conversions when they pull people over?

No they are not. And no agency I know of has that policy, either.

I think this officer was on purposely trying to find every accuse to suck all my money out

Why would he do that? he doesn't get a commission.

because I also couldn't show him proof of insurance since I forgot to put it in my car that day and on the ticket he checked that it wasn't a correctable violation.

You did not mention you were cited for 16028(a). And, he is right, it is NOT correctable by an officer - it can only be corrected by the clerk of the court or the judge.


- Carl

[JIMinCA]

PhaPha,

If you stopped, looked and turned in a legal fashion, then you must have gotten tied up with a cop who was having a really bad day. I'm sure you will do well with the failure to yield, but the red light ticket will be tough. It will basically be your word against his. With nothing to bolster your credibility or detract from his, you will loose. You should have gotten an extension BEFORE arraignment. The clerk could have provided you one (maybe two) just for asking. The longer you delayed trial, the fuzzier the cop's memory may be. However, now that you have been arraigned, you should also have a court date. Only the court can change that and I don't think they will unless you have a compelling reason and you make a proper motion.

It sucks to be in a purely "he said, she said" with a cop... especially when you honestly believe you are right. If I were you, I'd go to court, defend myself against the failure to yield, show my insurance card, and ask for traffic school concerning the red light.

[Hey There]

12-25-07

PhaPha

In CA. a cited driver is entitled to a copy of the officer's notes, a copy of the front and back of the traffic ticket, a copy of the video if one was made and all other evidence the officer plans to present at trial.
Help! I Got A Ticket! a website reached through Google has a form that can be downloaded to request Discovery from the D.A.and an explanation of how to request it.
A book published by NOLO ( which is likely available through a local library) explains in Chapter 10, Pages 5 through 8 how to request Discoveryand the time limits in which it must be provided (15 days of receiving the request). A form to Request Discovery and a form to provide proof of service are in the back of the book to copy.
A simple outline for Discovery is;
1. The driver prepares a written request for information the officer will use in court.
2. The driver has a friend mail a copy of the request to the D.A.
along with copy of the proof of service form that he has done so.
This is mailed certified return receipt to prove the date on which the request was received.
3. The driver can also have his friend mail a copy to the agency where the officer is employed, certified with return receipt, along with proof of service,
4. The driver retains the originals.
5.If he has a very good friend he can request that the friend hand deliver the items and obtain proof that the items were delivered.
rather than mailing them.
6.Discovery is a right that is useful when making a determination on what plea to enter and how to prepare a proper defence.

Best Regards,
Hey There