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#1
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Illegal right turn against red lightWhat 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? |
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#2
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| Quote:
2. pay the fine and move on.
__________________ Just because I'm a miserable human being doesn't mean I'm not right... |
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#3
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| 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]
__________________ _____________________________________________________ “[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.” "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125. |
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#4
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| 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. |
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#5
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| 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
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid. And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people. For unto you is born this day in the city of David a Saviour, which is Christ the Lord. Luke 2:9-11 KJ |
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