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02-12-2007, 11:37 AM
| | Junior Member | | Join Date: May 2005
Posts: 21
| | | Illegal right turn against red light
What is the name of your state? CA
I was driving northbound on Hwy 101, took the exit ramp, came to an interection. The sign read no turn on red. I waited until the light turned green and proceeded to make a right turn.
I was pulled over by a local policeman. He claimed I turned against a red light. I asked how he could know this as there was no traffic behind me. He told me he was proceeding eastbound from the freeway overpass toward the intersection I was at, and that his light was green, so therefore my light must have been red. My passenger in the car recalls a light turning green. Furthermore there was traffic entering the intersection in our direction.
The officer said that I must have mistaken a green light which allows traffic to exit an adjacent parking lot (parking lot is on the left of the offramp) into that intersection.
My driving record has been very good over the years, and I feel this ticket was unjustified. Do I have any grounds to fight it, seeing as the officer did not see that our light was red, and also due the the confusing nature of this intersection?
ThanksWhat is the name of your state?  |
02-12-2007, 11:38 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,181
| | Quote:
Originally Posted by deckscrew  The officer said that I must have mistaken a green light which allows traffic to exit an adjacent parking lot (parking lot is on the left of the offramp) into that intersection. | 1. prove the right turn light actually was green, or;
2. pay the fine and move on.
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02-12-2007, 11:48 AM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | You can present your side of the events along with pictures, diagrams (maps.google.com) statements from witnesses, etc.
You do not have to prove the light was green. You have to show reasonable doubt. (i.e. the officer could not have seen the light from your viewpoint.
see this site for details on the TBD option...
[url]http://www.ticketassassin.com/fight.html[/url]
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02-12-2007, 03:09 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 13,471
| | | The biggest problem with Cepe's advice is that the officer NEVER CLAIMED to have seen your light.
You don't just have to pay the fine though. Ask for traffic school...if your record is "clean" and you have never taken traffic school before (varies by county), then you should get it without a problem.. The ticket won't show up on your record that way. |
02-12-2007, 03:37 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,445
| | | The officer is free to rely on his knowledge of the timing, and the fact that he had a green light in another direction. I would get a photo of the position of the parking lot light just to help show that it may have led to your confusion when turning. If it is visible to traffic in your direction and can be REASONABLY construed as offering a green light to your lane of traffic, then a judge or commissioner may find for you. Presenting this in a TBD first might be a good way to go.
Alternatively, traffic school is another option.
- Carl
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