What is the name of your state? California
I live in San Diego and recieved a traffic ticket today for violating CA. Vehicle Code 21453(a).
When the officer pulled me over he asked me if I knew how long I needed to wait prior to making a right turn on a red signal. I stated that I thought I just had to come to a complete stop and then continue to make a right turn only when there were no pedestrians or other cars coming. He said no, you must wait 5 seconds prior to making a right turn on red and that I only waited 3 seconds by his counting.
This seems completly bogus to me. I looked up Vehicle Code 21453 and it says nothing about having to wait 5 seconds. I plan on fighting this ticket, but wanted to know exactly how I should go about doing it.
One thing to note is that the officer only wrote "21453(a) Red Light Violation" on the ticket. No mention of his 5 second rule or me only waiting 3 seconds. His verbal mention of me waiting 3 seconds proves I made a complete stop. My concern is that he'll change his story and try to say I never made a complete stop.
How should I handle this? Should I first file a discovery to get his notes to see if he mentions his made up 5 second rule in there? And if there's no mention of this in his notes then what, it's basically his word against mine.
Thanks,
SAM
I live in San Diego and recieved a traffic ticket today for violating CA. Vehicle Code 21453(a).
When the officer pulled me over he asked me if I knew how long I needed to wait prior to making a right turn on a red signal. I stated that I thought I just had to come to a complete stop and then continue to make a right turn only when there were no pedestrians or other cars coming. He said no, you must wait 5 seconds prior to making a right turn on red and that I only waited 3 seconds by his counting.
This seems completly bogus to me. I looked up Vehicle Code 21453 and it says nothing about having to wait 5 seconds. I plan on fighting this ticket, but wanted to know exactly how I should go about doing it.
One thing to note is that the officer only wrote "21453(a) Red Light Violation" on the ticket. No mention of his 5 second rule or me only waiting 3 seconds. His verbal mention of me waiting 3 seconds proves I made a complete stop. My concern is that he'll change his story and try to say I never made a complete stop.
How should I handle this? Should I first file a discovery to get his notes to see if he mentions his made up 5 second rule in there? And if there's no mention of this in his notes then what, it's basically his word against mine.
Thanks,
SAM