Hi, I live in the Bay Area, CA, & here's my scenario:
@ ~10pm on a Sat I was coming off a 45mph zone downhill (going pretty close to the limit, maybe 47) & was approaching an traffic light intersection where the limit is 30mph. I was already slowing down & the dreaded yellow beast appeared when I was in the "dilemma zone" of 3 car lengths from the limit line. I relied on my judgement & decided the safest course of action was to continue. I kept an eye on the light & it was perhaps 3/4 the up the height of my windshield before it went red, indicating to me I was "safe". I did notice the police cruiser in the opposing intersection, but wasn't worried about it since I felt it was a legal crossing.
within 300 yards I made a right turn onto another major street (had full green, so no slowing down) & drove up a 1/3 mile block at the speed limit of 40mph & got ready to make my next left turn. I then noticed a car blazing up to me & pulled in behind me at the left turn lane. When the right turn arrow went green the cop turned on his lights to pull me over.
I didn't admit to anything other than a concise version of my above statements. He stated I also was speeding which baffled me. Questioning him (politely), he replied that his top speed on his speedo was 45mph on the street on which he was catching up to me (which I'm sure he lost sight of me).
Too late for a short story, but I timed the yellow interval at exactly 3 seconds, but the traffic survey says the 85th % approach speed is 37mph, requiring the light interval to be ~3.7seconds by the CA DOT & Federal DOT.
I plan to argue on the following points:
1) I've been a safe drive for >14 years as indicated by my A++ rating from my insurance (& that my wife complains I drive like a grandpa).
2) The red light can't be enforced since the yellow interval isn't set to the 85th percentile speed standard.
I'll leave it at that if the judge thinks its enough, but follow up with questioning the officer that:
3) He didn't have a clear & unobstructed view of the subject vehicle at all times & can't say what make/model the other vehicles were just ahead of me.
4) he practiced bad judgement that night since he assumed I was speeding at 45mph when he was catching up to me, even though he *was* being "nice" & didn't cite that. I may be able to show in a photo he didn't have a clear unubstructed view of the limit line & my traffic light (it was dark), but I have to go take some pictures.
I know I was long winded, but I needed to give the full scenario & really want to get a feel for if I have a case, or wasting my time (& point). You lawyers/officers out there, please tear my case apart as best you can, you know the judge will!
Thanks!
Chris
@ ~10pm on a Sat I was coming off a 45mph zone downhill (going pretty close to the limit, maybe 47) & was approaching an traffic light intersection where the limit is 30mph. I was already slowing down & the dreaded yellow beast appeared when I was in the "dilemma zone" of 3 car lengths from the limit line. I relied on my judgement & decided the safest course of action was to continue. I kept an eye on the light & it was perhaps 3/4 the up the height of my windshield before it went red, indicating to me I was "safe". I did notice the police cruiser in the opposing intersection, but wasn't worried about it since I felt it was a legal crossing.
within 300 yards I made a right turn onto another major street (had full green, so no slowing down) & drove up a 1/3 mile block at the speed limit of 40mph & got ready to make my next left turn. I then noticed a car blazing up to me & pulled in behind me at the left turn lane. When the right turn arrow went green the cop turned on his lights to pull me over.
I didn't admit to anything other than a concise version of my above statements. He stated I also was speeding which baffled me. Questioning him (politely), he replied that his top speed on his speedo was 45mph on the street on which he was catching up to me (which I'm sure he lost sight of me).
Too late for a short story, but I timed the yellow interval at exactly 3 seconds, but the traffic survey says the 85th % approach speed is 37mph, requiring the light interval to be ~3.7seconds by the CA DOT & Federal DOT.
I plan to argue on the following points:
1) I've been a safe drive for >14 years as indicated by my A++ rating from my insurance (& that my wife complains I drive like a grandpa).
2) The red light can't be enforced since the yellow interval isn't set to the 85th percentile speed standard.
I'll leave it at that if the judge thinks its enough, but follow up with questioning the officer that:
3) He didn't have a clear & unobstructed view of the subject vehicle at all times & can't say what make/model the other vehicles were just ahead of me.
4) he practiced bad judgement that night since he assumed I was speeding at 45mph when he was catching up to me, even though he *was* being "nice" & didn't cite that. I may be able to show in a photo he didn't have a clear unubstructed view of the limit line & my traffic light (it was dark), but I have to go take some pictures.
I know I was long winded, but I needed to give the full scenario & really want to get a feel for if I have a case, or wasting my time (& point). You lawyers/officers out there, please tear my case apart as best you can, you know the judge will!
Thanks!
Chris