help on contesting a cvc 2451 (a) ticket.

[blau]

What is the name of your state? CA. San Mateo county.

Well I posted another thread asking what cvc 2451 (a). Which is failure to stop for activated rr crossing signal and cvc 5200a (a fix it ticket). I got th ticket today.

So number one question is how do I disposed of the fix it part. I just got my ticket. How do I just I do the fix it part and contest the cvc 2451? Can I do the fix it first?? If so how do I go about doint it. And how much is it to do a fix it ticket now?

Regarding cvc 2451 (a). Here is what happen. What do you folks thinkof my chances?. There is a rail road crossing and after the rail road crossing there is a stop light (there is engough room for two cars between the tracks and the stop light). I was going through train tracks at broadway when the light after the rail road intersection after the tracks turn red. The car infront stop I cannot go. So I stop behind the tracks I was already in the r&r intersection. I was in a dead stop. I was worry because I was very close by not on the tracks (don't know if the trains would hit me if they come by). I remember thinking please no trains please not train. There were cars behind me. I cannot back up. I remember trying to find a place to go if a train came by. I remember there were not a safer place to go. I remember trying to find the train tracks lights to make sure they are not going. They were not. I remember saying to myself. You are safe don't worry. Then I remember see the r&r light start going. Then I was considering if I am safe here. Then I was looking if there were gates in the r&r crossing. I saw one infront to the left for the vehical comming the opposite way. Then I look to see if there were R&R crossing infront of me comming down. There were none. I look in my rear view mirror and I saw the gates comming down. I was going my car is going to be hit. At that moment. The cars infront of me were going (the light changed to green) I look both ways to see if there were trains. There were none. I gun the gas and pass cross the R&R tracks. I head the train sound the horn after I pass. It was still a distance away.

I don't think I broke the law. But the police said I enter the R&R crossing when the lights were red. I was in the crossing when the light started.What is the name of your state?

[FlyingRon]

They are independent. Get what ever needs to be fixed fixed and have the shop who is authorized complete their section of the ticket. You submit that with the nominal dismissal fee and it's done with.

You are not supposed to cross the tracks unless the gates are up and you can get to the other side. If that means you must wait before the gates for traffic to clear out on the other side that is what you must do. What you did is extremely dangerous.

[CdwJava]

Originally Posted by blau

Well I posted another thread asking what cvc 2451 (a). Which is failure to stop for activated rr crossing signal and cvc 5200a (a fix it ticket). I got th ticket today.

No, it's not ... 2451 is a section declaring legislative intent to develop a hazardous materials program on the highway. What you were probably cited for was 22451(a):

22451. (a) The driver of any vehicle or pedestrian approaching a
railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.
(c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.

How do I just I do the fix it part and contest the cvc 2451? Can I do the fix it first??

Sure. Get the plates fixed and then get the citation signed off by law enforcement pursuant to instructions on the back of the citation. The court should only assess a filing fee (between $10 and $25 has been my experience).

Regarding cvc 2451 (a). Here is what happen. What do you folks thinkof my chances?.

If the officer saw the same thing you did, then you would not have been cited. However, he probably saw the lights flashing BEFORE you passed the line indicating the crossing arms. But, you can both state your case in court. If the officer admits that he did not see when you stopped, or when you crossed the line, then you might prevail.

I don't think I broke the law. But the police said I enter the R&R crossing when the lights were red.

That may answer the question I posed above.


- Carl

[blau]

San Mateo, California.

I have not gotten my citation in the mail yet and it is not my time to show up to courts yet. However I have gotten my plates fix.

This is a how does it work question.

Should I get the fix-it part sign-off before the first court date? If I show up to court on the first court date? and show the judge that I have gotten the fix-it sign off. Will he just disposed the fix-it portion and order me to pay the filing fee. And allow me to contest the moving violation.

Or can I get the clerk the sign-off the fix-it portion before seeing the judge about the moving violation.

What would you folks recommend??

[CdwJava]

Originally Posted by blau

Should I get the fix-it part sign-off before the first court date? If I show up to court on the first court date? and show the judge that I have gotten the fix-it sign off. Will he just disposed the fix-it portion and order me to pay the filing fee. And allow me to contest the moving violation.

That should be how it will work. It would be best to get it signed off before court.

Or can I get the clerk the sign-off the fix-it portion before seeing the judge about the moving violation.

I wouldn't wait that long, and the clerk may not be allowed to do it. You might check with the court and see if they do ticket sign-offs ... I doubt they will for a mechanical violation (the license plate).

- Carl