Wrong Citation Code/Description

[siulamwin]

My question involves a traffic citation from the state of: San Gabriel, California.

On ticket:
Citation code: 21453(A)
Description: VC - Ped Light

On mail notice/bill:
Citation code 21453A but no description.

Is 21453(A) a citation code for jay walk? The ticket is costing for $435. But I got caught for jay walk only... if the code is wrong, what should I do next?

[That Guy]

21453 (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).

So that is in fact the wrong code for “Jaywalking’. Question is, where you cited because you crossed between intersections controlled by a traffic signal or were you cited because you crossed while the “Do Not Walk” signal is illuminated?

[siulamwin]

I wasn't DRIVING. I was IN PERSON crossing when the "do not walk" is on. So that means this is a wrong code for the citation, right?

[That Guy]

I wasn't DRIVING.

I never said you were DRIVING. I posted the vehicle code section that you were cited with to show that it only applies to a DRIVER not a pedestrian!!!

I was IN PERSON crossing when the "do not walk" is on.

Then you should have been cited for CVC 21456(b)

21456. Whenever a pedestrian control signal showing the words "WALK" or "WAIT" or "DONT WALK" or other approved symbol is in place, the signal shall indicate as follows:
(a) "WALK" or approved "Walking Person" symbol. A pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.
(b) Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand" symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the "WAIT" or "DONT WALK" or approved "Upraised Hand" symbol is showing.

So that means this is a wrong code for the citation, right?

Yes, you can appear in court and plead not guilty of the charge shown on the citation. I'm not sure if the Judge will be willing to hear your explanation at that point and dismiss the case or if he'll schedule you for an actual trial, and require you to post bail in the amount shown on your courtesy notice (which will be refunded to you if and when the case is dismissed).

Was this citation issued by San Gabriel PD or by LA County Sheriff?

[siulamwin]

Mr. Thatguy, thank you for answering!!!!
I was cited by a San Gabriel PO, will that make a difference?

[That Guy]

Mr. Thatguy

No "Mr." needed...

thank you for answering!!!!

Not a problem... Please come back and let us know how it worked out!

I was cited by a San Gabriel PO, will that make a difference?

None whatsoever. I am of the knowledge that the city of San Gabriel has a small police department and was just wondering what might have caused such a silly error.

By the way, you might want to point out the error to the Judge when you appear for your arraignment (when he asks you "how do you plead"). Like I said before, he might just dismiss it right then and there rather than having to have you show up for a trial later on.

[EWYLTJ]

You should do more than that... you should make a motion with the judge to dismiss before you even plead. This is OBVIOUSLY a loosing ticket for the state and there is no possibility of getting a conviction at trial (well... considering CA's budget crisis... maybe )

If the judge says he can't dismiss at arraignment, refer him to PC1385:

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading.

[siulamwin]

I appealed to the court today! Thank you all for being helpful!
The judge actually sent me to trial, he didn't want to dismiss the case. So I am scheduled for a trial 7/6 (Mon).
There is one thing that I am wondering about. "That Guy", you said the correct citation code is 21456(b) but the judge was flipping his book and said the correct code should be 21453 (d) or may be 21451 (d) (I kind of forget...) I want to make sure with you which one should be the correct code so I can tell the judge on the trial. Well honestly, the judge looked very unsure, because he asked his secretary for the code... and the truth is the code was provided by the secretary and confirmed by the judge (but he didn't really find out from the book)....
Actually one more thing, am I right that they will refund the bail amount? I paid $163, I wasn't sure if this is a fine or a bail.

[That Guy]

I appealed to the court today! Thank you all for being helpful!
The judge actually sent me to trial, he didn't want to dismiss the case. So I am scheduled for a trial 7/6 (Mon).
There is one thing that I am wondering about. "That Guy", you said the correct citation code is 21456(b) but the judge was flipping his book and said the correct code should be 21453 (d) or may be 21451 (d)

Here is 21451(d):

A pedestrian facing a green arrow turn signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, shall not enter the roadway.

And here is 21453(d):

Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.

I don't know which intersection you were at or what the traffic lights look like (whether there is a left turn arrow), nor do I know the specific circumstances under which you were cited.

What I do know is that the Judge cannot change (amend) the vehicle code section you are being charged with at your arraignment (nor can he change it at any other time for that matter). That is because you went in to enter a plea based on the charge of the violation listed on the citation and for the judge to change it right then and there is not only a violation of your rights, it is above and beyond what he is allowed to do. He is there to judge not to decide what violation you should be tried for.

The officer can change (amend) the vehicle code section he charged you with but he MUST do that before filing the citation with the court. And he MUST mail you an amendment. If he failed to do that, then the District Attorney is the only one who can change it but even then, it must be done before your arraignment, and they must notify you of the change (amendment).

So if the judge sat there during your arraignment struggling to find the correct vehicle code section so that he can amend the citation then he violated your right to due process.

Also, it sounds to me that they did change it based on the fact that he ordered you to post bail in an amount of $163 which is equal to that for a violation of 21451(d) or 21453(d) or even a 21456(b) for that matter, as opposed to the $435 which is the bail amount for a charge of violating CVC section 21453(a) which is what is stated on your citation as well as on the Courtesy Notice you received from the court.

21453 (d) or may be 21451 (d) (I kind of forget...

The court clerk gave you a pink slip with the date/time information for your next court date, right? Look on that; it should tell you if they changed it and to what it was changed.

I want to make sure with you which one should be the correct code so I can tell the judge on the trial.

It is not your job to tell the judge which vehicle code section you should be charged with. You were (originally) charged with a 21453(a) and based on the fact that you were not driving, that charge does not apply, and therefore the citation should have been dismissed. If the judge opted not to dismiss it and still wanted you to go to trial, he does not have the proper jurisdiction to amend your citation at that time. It should have been left alone thereby allowing the trial judge to dismiss it when you appear for your trial due to the fact the you were clearly not guilty of the charge as it appeared on the citation.

Well honestly, the judge looked very unsure, because he asked his secretary for the code... and the truth is the code was provided by the secretary and confirmed by the judge (but he didn't really find out from the book)....

Yeah, … not only is he unsure about the vehicle code but it sounds to me he has no clue as to his duties and responsibilities as a judge!!!

Actually one more thing, am I right that they will refund the bail amount? I paid $163, I wasn't sure if this is a fine or a bail.

It is both… For now, it is bail so as to ensure that you appear for your trial and that way, if you're found not guilty or if the citation is dismissed the judge will order that the clerk refund you the full amount... Or if you’re found guilty, then at your trial, the judge will order the clerk to convert that into the fine due and that way the court already has the your money and they don’t have to go chasing after you to collect the fine.

What you should do at this time, and considering the fact that you are unsure about the procedures of what can/cannot be done, you should consult with a local attorney. It may cost you more than the $163 you paid but regardless of how you look at it, the citation should be dismissed. And the way this has worked out so far, and since they amended the citation it sounds to me like your chances of getting it dismissed are slim to none.

[EWYLTJ]

Wow.... another "travesty of justice". While this is just a minor infraction, seeing a judge make such stupid decision which blatantly violate the OPs right to due process IS a travesty. I don't doubt that the OP will be found guilty at trial for an offense he was not charged with. It will likely not be untill you file an appeal that you get someone to actually consider the law.

I was told in another thread that since the appeallate court is there to overturn the bad decision of the judge, there is no real harm. However, the OP has been to court twice now, has had to pay bail which likely will turn into a fine. I am reminded of the saying, "justice delayed is justice denied".