Fix-It Ticket, Under CVC 2451(a)

[blau]

I got a ticket today. Got in California San Mateo County

For cvc 2451 (a). Which is failure to stop for activated rr crossing signal and cvc 5200a (a fix it ticket). I got th ticket today.

So number one question is how do I disposed of the fix it part. I just got my ticket. How do I just I do the fix it part and contest the cvc 2451? Can I do the fix it first?? If so how do I go about doint it. And how much is it to do a fix it ticket now?

Regarding cvc 2451 (a). I want to contest. Here is what happen. What do you folks think of my chances?. There is a rail road crossing and after the rail road crossing there is a stop light (there is engough room for two cars between the tracks and the stop light). I was going through train tracks at broadway when the light after the rail road intersection after the tracks turn red. The car infront stop I cannot go forward. So I stop behind the tracks I was already in the r&r intersection. I was in a dead stop. Then I realize that I was in a bad stop. I was worry because I was very close by not on the tracks (don't know if the trains would hit me if they come by). I remember thinking please no trains please not train. There were cars behind me. I cannot back up. I remember trying to find a place to go if a train came by. I remember there were not a safer place to go. I remember trying to find the train tracks lights to make sure they are not going. They were not. I remember saying to myself. You are safe don't worry. Then I remember see the r&r light start going. Then I was considering if I am safe saying stationary. Then I was looking if there were gates in the r&r crossing. I saw one infront to the left for the vehical comming the opposite way. Then I look to see if there were R&R crossing infront of me comming down. There were none. I look in my rear view mirror and I saw the gates comming down on myside of the road. I was going my car is going to be hit by the gate comming down. At that moment. The cars infront of me were going (the light changed to green) I look both ways to see if there were trains. There were none. I gun the gas and pass cross the R&R tracks. I head the train sound the horn after I pass. It was still a distance away.

I don't think I broke the law. But the police said I enter the R&R crossing when the lights were red. Which was not true I was in a dead stop. I saw the gates comming down in my rear view mirror. I was in the crossing when the light started to go.

[chuckycheese]

That is a very entertaining story (seriously). I enjoy your writing style.

If you contest the violation, I think you most certainly will lose. It is illegal to enter the R/R crossing area unless you can ascertain that you will be able to exit it safely without stopping. I think your only chance would be if you could show that the crossing is, somehow, poorly designed or engineered.....which, even if true, would probably be hard to do. Having said that, if you plead 'not guilty', you might get lucky.

You can take care of the 'fix-it' ticket by correcting the problem and having your local police sign off on it. Usually, you don't have to make an appointment to have this done but you should call them first and ask. Good luck!

[blau]

I respecfully disagree .

First I cited the CVC wrong it is 22451(a).

I copy cvc 22451 below. The language saids "shall stop...and shall not proceed until he or she can do so saftely, whenever the following conditions exists"

So if conditions 1 and 2 does not exist. I am not require to stop and not require to proceed only when saftely to do so. It may be stupit and I may be breaking some ohters laws but if what I said is to be belived then I did not break 22451a.

In my opinion this laws allows you when approaching a rr crossing with r&r flashing to stop and then proceed to cross if safe (even with flashing rXr lights). Which is not my defence.

Also another point I want to clarify. My defence is when I said I was in a dead stop blow I was already pass the gates (so I was already in the intersection). When the lights started to flash I was already in a dead stop in the intersection. The police is saying that I enter the intersection when the lights are flashing I don't think he is in a position to see me but that is another story.

2451(a) said:



(a) The driver of any vehicle or pedestrian approaching a
railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.
(c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.

[chuckycheese]

Well, I admit your language and prose did leave me a little confused so maybe I don't understand exactly what happened. The long and short of it is that you ended up in a dangerous spot, by your own design, and, as a result, were cited. Good luck and let us know how you 'come out'.