My question involves a traffic ticket from the state of: California, Los Angeles
I was cited for making a right turn (California Vehicle Code, Section 22101(D), No Turn on Red), although I could not see the posted signs due to their placement and the SUV in front of me that blocked my view. My car is a Hyundai Tiburon and I am a tall person. I could not view these high placed signs due to my view through the windshield and the vehicle in front of me (driven by a woman on her cell phone and who abruptly stopped short of the intersection to make a left turn, even though there was no traffic coming towards her, forcing me to be close behind her and blocking my view of the road and signs). The sign prohibited a right turn from 7:00am to 5:00pm, due to a religious school located near the intersection. There were no school signs and, due to where I entered the street with these signs, the distance was too close to read or even see the signs. They would be visible had I entered the street from a greater distance, but I entered the street from an alley very close to the intersection. This was an unfamiliar neighborhood for me. The officer was a motorcycle officer who was parked and had set up a pull-over area, as he was waiting for those who make the right turn. Obviously, this was a setup where he could get tickets written (the signs are hard to see). He also stated in the ticket that 3 signs controll the intersection, but there are only two. The third sign controls the alley that I came from. This sign prohibits turning into the alley, not out of it as I did. Can this error be used to dismiss the ticket? I will be going to trial next week and plan to contest the ticket, due to the circumstances of that day, bright sun, high signs, an SUV that blocked my view, no posting of a school zone, and the obvious setup for ticketing by a motorcycle officer who was parked and waiting for errors at that intersection by drivers who do not see the signs. My main defense is that I could not see the signs for the reasons mentioned above and that I did not disobey the signs, as I could not see them. The intent of section (D) seems to me to be the willful disobeying of the signs, and that not being able to see the signs due to circumstances deserves a dismissal of the charges. I would greatly appreciate advice as I do not believe that I willfully disobeyed the law and was caught in a well prepared and known trap that snared the drivers who miss the signs. I would greatly appreciate a reply prior to Moinday, when I must appear to defend myself.