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Stop light ticket in SF

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ayoo

Junior Member
What is the name of your state (only U.S. law)?
California

Hi all.
I just got a traffic ticket for running a red light in San Francisco. I think I was in the crosswalk when it was yellow, the officer thinks otherwise. The weird thing about my ticket is that the officer check the "Yes" box for correctable violation. Does this mean anything like a technicality I can use? If it means nothing, is it just his word vs mine and i'm screwed? Also does fighting a ticket prevent me from taking traffic school if convicted?

thanks,
Andrew in SF (kinda upset, cuz I rarely drive at all, like once a week and I got a ticket!!)What is the name of your state (only U.S. law)?
 
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I_Got_Banned

Senior Member
I think I was in the crosswalk when it was yellow
"You were in the cross walk when it was yellow" really doesn't say much as to whether you were in violation. The question is, what coloer was the light when you first crossed the line (the second line marking the crosswalk(towards the inside of the intersection))?

the officer thinks otherwise.
Pretty typical when they write a citation!

The weird thing about my ticket is that the officer check the "Yes" box for correctable violation. Does this mean anything like a technicality I can use?
I would venture to guess a "no". The list of correctable violations in listed in the california vehicle code and "red light violation" is not one of them. Was the red light violation the only thing you were cited for or was there anything else that the officer marked as correctable?

If it means nothing, is it just his word vs mine and i'm screwed?
Well, I don't know about "screwed" but it might not work out in your favor... :D

Also does fighting a ticket prevent me from taking traffic school if convicted?
Good question. California law prohibits a Judge from refusing to offer you traffic school solely based on the fact that you elected to take your citation to trial. However, and assuming a judge did offer you the option of traffic school before the trial, does not necessarily mean that he will afford you that option after trial. Also, if and when that happens, the judge has the discretion to refuse your request for traffic school without being under any obligation to state a reason for his refusal.

Simply put, if you have no valid reason to fight the citation, why waste your time as well as that of the Judge, the officer, the court clerk... etc. Take traffic school and be done with it.

However, if you have reason to believe that you have a valid defense, then by all means, it is within your rights to plead not guilty and take it to trial

Andrew in SF (kinda upset, cuz I rarely drive at all, like once a week and I got a ticket!!)What is the name of your state (only U.S. law)?
Hey, look at the bright side.... Uhm... Well, OK... I'd be upset too! :p
 

JIMinCA

Member
I think that the OPs opinion that he was past the line before the light turns red IS a valid defense. It may be a loosing defense, but it certainly is valid.
 

I_Got_Banned

Senior Member
I think I was in the crosswalk when it was yellow
that he was past the line before the light turns red IS a valid defense.
You mean "HAD HE SAID 'he was past the line before the light turned red' IT WOULD HAVE BEEN a valid defense".

I'm not sure if thinking he was in the crosswalk means he had passed the limit line. But that's why I asked for clarification. :)
 
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ayoo

Junior Member
Thanks for the replies.

I said I think I was in the crosswalk when it was yellow because honestly I"m not 100% sure. It was kinda a short yellow, but I wasn't trying to speed up to make it through. I simply made the judgment that I should go based upon the distance I was from the intersection. I'm pretty sure I made it in time. As for the correctable violation, the red light (21453a) was the only thing I was cited for and the 'Yes" was checked for it.

As for the question about traffic school, I've not had a ticket in over 18 months. From what I understand that should make me eligible to take traffic school? What fathomable reason would a Judge have, or better yet how often does a judge revoke the right for traffic school if ticket was contested granted that the Judge cannot refuse solely based on the fact that I elected to take my citation to trial.
 
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Zigner

Senior Member, Non-Attorney
Thanks for the replies.

I said I think I was in the crosswalk when it was yellow because honestly I"m not 100% sure. It was kinda a short yellow, but I wasn't trying to speed up to make it through. I simply made the judgment that I should go based upon the distance I was from the intersection. I'm pretty sure I made it in time.

As for the question about traffic school, I've not had a ticket in over 18 months. From what I understand that should make me eligible to take traffic school? What fathomable reason would a Judge have, or better yet how often does a judge revoke the right for traffic school if ticket was contested granted that the Judge cannot refuse solely based on the fact that I elected to take my citation to trial.
If the judge feels that traffic school will not benefit you, he can choose not to give you the option.
 

I_Got_Banned

Senior Member
better yet how often does a judge revoke the right for traffic school if ticket was contested granted that the Judge cannot refuse solely based on the fact that I elected to take my citation to trial.
I personally don't have any statistics to offer you. :D

To add to what Zigner said, I think, in my personal opinion, it depends in part on your attitude in court, whether you have a justifiable defense or if you're their wasting the court's time... Some people have attitudes, other have a sense of entitlement... It could depend on the evidence you present or how you argue again evidence presented against you.

Point is, the judge doesn't have to give a reason why. S/he has the discretion to offer it or deny it... Even if its a power trip, I guess! :eek:
 

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