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Red light ticket

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tamilayne1

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

Here's my question (with some explanation):

I got a red light camera ticket. Now, I have never had a ticket of any kind before, so this worries me. I didn't think I had enough time to safely come to a full and complete stop, and on my ticket it says the light was only red for literally, a fraction of a second.

Now, I want to know if it is possible to go to court and ask the judge to reduce the fine and I could make up for it with community service. My husband is unemployed and we're surviving off my one paycheck and we can't afford $400 right now. Is it possible for me to ask the judge that? Would my clean record help? I just need some advice on what to do before I decide.

Thank you!!What is the name of your state (only U.S. law)?
 


The Occultist

Senior Member
I have a question that I'm sure the courts will likely wish to know as well: what factors made you decide that you didn't "[have] enough time" to stop?
 

JIMinCA

Member
I have a question that I'm sure the courts will likely wish to know as well: what factors made you decide that you didn't "[have] enough time" to stop?
It is rude to answer a question with a question.


tamilayne,

Please do a search on this forum. There is a ton of information about beating photo red light tickets. They really aren't that hard.
 

FlyingRon

Senior Member
It is rude to answer a question with a question.
I must have missed that in Emily Post.

But you are right, there are ways to try to beat this. The "I couldn't stop in time" argument is specious unless you can show some gross misengineering of the intersection. The speed limit and the yellow light are supposed to give you ample warning.
 

I_Got_Banned

Senior Member
But you are right, there are ways to try to beat this. The "I couldn't stop in time" argument is specious unless you can show some gross misengineering of the intersection. The speed limit and the yellow light are supposed to give you ample warning.
Exactly, and we alll know (well, I should say "most of us"...) that Occultist's question was rhetorical!!!
If you think you didn't have ample time to stop, might suggest that you were going a bit too fast... unless you support your claim with some sort of proof that the signal has a timing error (in relation to the set speed limit).
Otherwise, your excuse is not only invalid, but, it suggests an additional violation (of exceeding the speed limit) as well.
I think its a bigger wrong to suggest one is hollier than thou and more knowlegable, helpful and correct than all, and yet only offer a basic "there are answers, go find them"!
 

tamilayne1

Junior Member
I did my research and I still don't have answer

Dear JIMinCA,

As for assuming I didn't look at this website BEFORE I posted, I did do a search for advice on red light tickets, but none of the posts I looked at answered my original question!!

Can I ask the judge if I can take community service for a reduced fine? In studying I know that you have a choice of pleading "guilty" or "not guilty". If you plead "Not guilty", then you get to go before a judge. But by doing that, you waive your right to have the point on your record taken off. So I am stuck. As I said before, I feel I did't have enough time to stop, but regardless, I ran the red light. So please, is it possible to enter a plea of "guilty", and still see a judge, and then ask for a reduced fine?

Thank you
 

I_Got_Banned

Senior Member
Can I ask the judge if I can take community service for a reduced fine? In studying I know that you have a choice of pleading "guilty" or "not guilty". If you plead "Not guilty", then you get to go before a judge. But by doing that, you waive your right to have the point on your record taken off. So I am stuck. As I said before, I feel I did't have enough time to stop, but regardless, I ran the red light. So please, is it possible to enter a plea of "guilty", and still see a judge, and then ask for a reduced fine?

Thank you
Not all courts offer community service in lieu of a fine... Well, actually, I should say not all "Judges" offer community service in lieu or as a substitute for part of the fine amount.

Your first appearance in Court will be before a Judge. This part of the process is referred to as your "Arraignment". During your arraginment, the charges against you are read to you by the Judge and you get the opportunity to enter a plea... Whether you plead Guilty or Not Guilty (or even No Contest), you are doing so before a Judge. So you WILL in fact get your chance to enter a plea of "guilty" and still see a Judge, and then ask for a reduced fine... If you so choose.

What you might want to do is call the court before your court date... And ask them if the option of Community Service is offered in Traffic Court. However, keep in mind that depending on which County you were cited in, the number on your citation might not connect you to the actual courthouse you will be appearing at. It might be a number where they just process payments, extensions... etc. So you might be better off going into court and talking to someone at the Traffic window.

And lastly... Theoretically, and assuming you opt to plead "Not Guilty" and go to trial, you are not really precluding yourself from having the option of going to Traffic School... There is nothing in the California Vehicle Code that says you can't do Traffic School if you lose in trial. The matter/decision actually rests with the Judge who sits on your trial and typically most Judges do not give you that option if you opt to go to trial.

Who knows, you might get a sympathetic Judge who will allow it but you are taking a chance that he wont.

I hope this helps...

EDIT: Let me add a few more things...

A couple of more options just in case you are not aware of them...

keep in mind that I am not in any way suggesting that you should plead Guilty or Not Guilty... I am giving you the information so that you can make an informed decision.

You should also know that you might also be entitled to an extension. Whether it be before you enter your plea or after you do so, you should be able to get some additional time assuming you wanna save up the money or whatever. So you are basically delaying the date when you will have to appear before the Judge to enter your plea of whatever you choose it to be...

If you ask for one before you enter your plea, you can request it at the Clerk's window and you can do that on or before the date you are shceduled to appear in court...

Alternatively, you can also enter your plea, see what kind of fine the Judge will impose on you, and if he/she will allow community service or not, and then ask the Judge for an extension to pay whatever monetary fine is imposed. Most courts will charge you an administrative fee for that option... But it is still an option. Some courts will require you to make periodic payments while other court will tell you just bring in the full amount when you have it. Again... Ask at the Clerk's window for what your options are.

Lastly, an addendum to the community service information I posted earlier... There is also an Administrative fee that you will have to pay for the Community Service option assuming you have that option. Sorry, I honestly don't know exactly how much it is.
 
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tamilayne1

Junior Member
Thank you!

Thank you so much for your help! That was exactly what I needed. This is all new to me, so I am a bit scared. I will follow your advice about calling and going to the clerk's window. I just want to maintain my clean record and somehow find the money to pay this.....

You have been ever so helpful and I really appreciate it!!:)
 

I_Got_Banned

Senior Member
Thank you so much for your help! That was exactly what I needed. This is all new to me, so I am a bit scared. I will follow your advice about calling and going to the clerk's window. I just want to maintain my clean record and somehow find the money to pay this.....

You have been ever so helpful and I really appreciate it!!:)
Aaahhh, stop it right now... You are making me blush! :eek:

And you are ever so welcome. I'm happy I can help! :)

There really is nothing to be scared of... Even while in court, and although it may seem like a "rushed environment" nobody wants you to make a rushed or rash decision or one that is not in your best interest. So ask questions if you need to. Just keep in mind that for example, the traffic court clerk can explain your options to you but he/she can not give you legal advice... Kind of like I did here..

Anyway, Good luck to you and PLEASE, come back and let us know how it all works out.
 
If this is your very first ticket, explain your situation, admit guilt and ask for mercy. Make it known you made an honest mistake and due to your financial crises and the heavy burden this fine will impose on your family.

Most Judges will understand and lessen the fine. However this is only a one shot deal.

I have never heard of anyone be denied a request for a lesser fine for their first ticket when admitting guilty for mercy.

g/l
 

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