Red Arrow Light Did Not Turn Green

[tammy09]

My question involves a traffic ticket from the state of: CA

I was stopped at a red light arrow. In an area where I frequent daily, near my house.

I waited for the light to turn green. I waited some more. I kept waiting. The red arrow did not turn green. I was stopped. A car behind me honked. I waited some more. I decided that after close to 8 minutes that the arrow light must be broken.
I was stopped. I made sure no cars were coming and that it was safe. I made my turn and then I got pulled over.

I explained the above to the issuing Officer, but I still got a ticket. The citation has an error: the license plate number is incorrect.

Is there a chance I can win this before a judge? I hold a Class B license, and I have no other moving violations for the past 10 years.

Thank you for your advice!

[That Guy]

My question involves a traffic ticket from the state of: CA

I was stopped at a red light arrow. In an area where I frequent daily, near my house.

I waited for the light to turn green. I waited some more. I kept waiting. The red arrow did not turn green. I was stopped. A car behind me honked. I waited some more. I decided that after close to 8 minutes that the arrow light must be broken.
I was stopped. I made sure no cars were coming and that it was safe. I made my turn and then I got pulled over.

I explained the above to the issuing Officer, but I still got a ticket. The citation has an error: the license plate number is incorrect.

Is there a chance I can win this before a judge? I hold a Class B license, and I have no other moving violations for the past 10 years.

Thank you for your advice!

The error in the license plate number does not deprive you of any of your rights as a defendant. If it makes that big of a difference to you the court will correct it and the citation will stand.

[tammy09]

Thank you for your reply!

Who do I contact to find out the data for the red light that failed to turn green for my case?

Someone must keep some data as to how the intersection signals are working, correct?

The Officer said I should have not ran the light. I asked if I should have waited for the light repairman to fix the light! He said nothing! I was stopped, and I went when conditions were deemed to be safe AND, after waiting 8 minutes, which is a LONG time here in CA~!

I do not feel I deserve a citation for being stopped at a red arrow for 8 minutes.

8 minutes is a pretty long time, and I treated it like a flashing red light, as I carefully proceeded from a stop.

I did not "run a light" as I was stopped for about 8 minutes, and I proceeded when safe.

Thanks for any advice!

[That Guy]

Who do I contact to find out the data for the red light that failed to turn green for my case?

You can contact the city engineering departmnent for that information.

Question is, it sounds like that was a malfunction in the timing of the light, and even if you can get confirmation that the lights were not working properly, you might be able to sway the court's decision although I'm not sure by how much.

It is worth a shot though... Especially considering the fact that the fine for a red light violation can be in upwards of $435 depending on which county this occured in.

Come back and post what you were able to find...

[tammy09]

Update:

Spouse went to court to fight the citation. He was very humble. He pled Guilty. Judge reduced fine fees from $435.00 to $198.00.

Spouse will attend Traffic School to clear his citation. He has no other citations and has a CA Class B license.

[That Guy]

Update:

Spouse went to court to fight the citation. He was very humble. He pled Guilty. Judge reduced fine fees from $435.00 to $198.00.

That's great!

Spouse will attend Traffic School to clear his citation. He has no other citations and has a CA Class B license.

Is that a "Commercial" Class B license. If so, attending traffic school will not wipe off the violation from his record.

[tammy09]

That's great!

Is that a "Commercial" Class B license. If so, attending traffic school will not wipe off the violation from his record.

Yes he has that type of license for work. So then he does not bother attending traffic school? Maybe Judge was unaware of his type of license.

Thanks!

[That Guy]

Yes he has that type of license for work. So then he does not bother attending traffic school? Maybe Judge was unaware of his type of license.

Thanks!

42005.

(a) The court may order or permit a person convicted of a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) In lieu of adjudicating a traffic offense committed by a person who holds a noncommercial class C, class M1, or class M2 driver's license, and with the consent of the defendant, the court may order the person to attend a licensed traffic violator school, a licensed driving school, or any other court-approved program or driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the court may not order or permit a person who holds a class A, class B, or commercial class C driver's license to complete a licensed traffic violator school, a licensed driving school, or any other court-approved program of driving instruction in lieu of adjudicating any traffic offense committed by the holder of a class A, class B, or commercial class C driver's license.

So traffic school will not do him any good. And even if the court allowed it, the DMV will still reject it based on his license class.

Don't just ignore it though... He must contact the court and notify them of his ineligibility so that the judges order is taken off. Otherwise, he can be found guilty of a violation of the court order.

[CourtClerk]

Otherwise, he can be found guilty of a violation of the court order.

No he can't.

Maybe Judge was unaware of his type of license.

They very rarely go examining the DMV printout, if there is one at all, and generally, the calendar clerks are not required to provide a DMV for this type of violation. Therefore, you are correct, the judge was unaware of his type of license. That Guy is also correct, attending traffic school will not dismiss the point because the DMV will not allow it to be dismissed. The court can submit it all day long, the DMV will continue to reject it.

[That Guy]

No he can't.

Well, then explain this:

CVC 42005

(i) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.

Let me add this from the Los Angeles County Infraction and Misdemeanor Bail Schedule... Footnote #145:

Per Penal Code §§ 19.8 and 17(d), a violation of Vehicle Code § 42005(i), if charged as an infraction, is punishable by a fine not to exceed $250. The infraction bail is $35. (Uniform Traffic Bail and Penalty Schedule, January 2009.)