Red light camera 21453C question

[graysqwrl]

I'm in California.

I received a 21453C violation from a camera ticket.

As far as I know 21453C refers to turning against a red arrow.

I was turning right and there wasn't a red arrow at the intersection. However, I did roll through the red light while turning right.

I did a trial by declaration and took pictures of the traffic light during each phase of it's cycle to prove that there was no red right arrow that I could've violated. Regardless, I was found guilty... and now i have the option to request a trial de novo.

My question is... is it worth my time. Or should I just let this one go?

This is my first violation in somewhere around 10 years. Should I at least request the trial and show up to plead guilty and ask for traffic school?

Any suggestions?

Thanks

 

[Zigner]

I'm in California.

I received a 21453C violation from a camera ticket.

As far as I know 21453C refers to turning against a red arrow.

I was turning right and there wasn't a red arrow at the intersection. However, I did roll through the red light while turning right.

I did a trial by declaration and took pictures of the traffic light during each phase of it's cycle to prove that there was no red right arrow that I could've violated. Regardless, I was found guilty... and now i have the option to request a trial de novo.

My question is... is it worth my time. Or should I just let this one go?

This is my first violation in somewhere around 10 years. Should I at least request the trial and show up to plead guilty and ask for traffic school?

Any suggestions?

Thanks

There is no way that any of us could answer this (personal) question. So, you tell us...is it worth your time?

 

[graysqwrl]

I'll rephrase....

What is the probability that going to court will yield a dismissal and allow me to get my $500 bail back?

 

[Zigner]

I'll rephrase....

What is the probability that going to court will yield a dismissal and allow me to get my $500 bail back?

50/50, more or less.

If things are as cut and dry as you indicated, it should be a slam dunk. Then again, it should have been a slam dunk in the TBD, right?

 

[demurringdude]

My question is... is it worth my time.

Unless you are paid more than about $150/hour, then I would say it is definitely worth your time. All you would have to do would be show up for the trial, sit around for an hour or two, spend 2 minutes in front of the judge, and you will save about $500. Probably the police officer in court will drop it before you get to your feet, since he will probably speak to you before the judge comes in and you can point out the error to him then.

Your case is indeed a slam-dunk. There must have been some defect in how you wrote out your defense in the TBWD. Or perhaps your photos weren't very convincing on their own. Or the judge may have been using his big rubber stamp without reading anything.

In open court, it will be impossible for a judge to properly convict you of turning against a red arrow if there is no evidence that a red arrow was there and that it was on when you turned. You would need the automated camera photo or video to be showing that. If you take your own photos, you will have to lay down a foundation and prove they really show what you say, and that is more work. Just waving snapshots around isn't necessarily good evidence. Alternatively, if the automated camera or video does not show the red arrow, then the prosecution can't prove it's case, and you can ask for a dismissal on that basis.

Of course, you did commit a violation of 21453a or b, but that doesn't matter since you aren't charged with that.