California 21453 (A) - Red Light Violation

[jvicky0718]

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

Hi all,

I hope everyone's day is going better than mine.

This is actually my first ticket that I have ever received and my first time getting pulled over for any violation.

I was taking my sister to school for an interview and I passed the street we normally take on the way there. I was going to make a right turn on red while the stop light perpendicular to that street was on green. I paused very briefly to check whether there was a pedestrian that was going to cross or if there was a car that was going to the particular street I was making a right turn to. The officer on a motorcycle pulled me over after I had already turned. Apparently I did not stop long enough on that red light and proceeded to issue me the ticket. I was going 25mph on a 35mph lane and I was very conscious of my surroundings since I have always been a careful driver.

I did some research on-line and saw that the ticket could cost me anywhere from $380-$400 with fees and what not. I have been going through some tough times and would appreciate any advice that could either help me contest the ticket, have the ticket dismissed if possible, or at least lower the fee. I considered going to traffic school but from what I heard the cost would be just about the same.

To be completely honest I do not know how to proceed at this point, and any advice on the matter would be greatly appreciated.

Thanks,

jvicky

[jvicky0718]

Also, I am considering to do a Trial by Declaration if it is an option. Although I admit that I did not stop for completely at that red light, I made sure that there were no pedestrians that were going to cross and that no car was going into the lane I was making a right to. There was no u-turn access in the perpendicular lane, thus eliminating any possibility that a car would pass the lane I was entering.

[sniper]

I don't see any room for defense on this. You say you didn't stop, the cop says you didn't stop. Pedistrians, no pedestrians, cross traffic, no cross traffic, you shall stop for a red light.

While it's your right to have your day in court and face your accuser, you tell the truth like you swear to (if you decide to say anything), you will be found guilty by TBWD, guilty in traffic court, and guilty on retrial.

Red light ticket fines are MANDATED, they cannot be lowered by anyone upon conviction. You may ask for a payment program if you are unable to pay the fine up front. Of course, the court charges more money to set up a payment program with you. There is an additional court fee for traffic school if you can take it, then you have to pay the traffic school their fee. Thats an expensive lesson. Go to court and hope the motorcycle traffic officer dosen't show up and your violation is dismissed (odds are slim on traffic cops not showing for court).

Good luck and stop completely at the limit line for red lights (wheels stop rotating).



Circular Red or Red Arrow
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).

[bzbz]

Just browsed here and found the similar case I had today, I am still very angry for a ticket issued to me for "not fully stopped at red light", exactly same as jvicky0718 did, BUT, I made a "FULL" stop at least 2 seconds before I made a right turn into the traffic, I turned to the curbside (right lane on a two lane street), then I was slowly changing the lane to the left one, a cop came up pulled me over, said I didn't make a full stop at red while making right turn. I swear I did make at least 2 seconds stop, I have two friends sitting inside my car, they can prove it. I want to fight for this, California is in need of money for the financial crisis, but this is not the legal way to take money from such situation. It is just like stealing money from citizen's pocket, really unfair.

My question is, can I win the case? will the judge accept my two friends' statements? there was no camera at that corner, so there is no evidence for that cop to prove he was right. If I lose, will I lose the chance to traffic school to eliminate the record to DMV, then my insurance will be increased?

Appreciate if anyone will give me some advices.

[kimvellore]

BRBZ,
I have been to the court a few times just to see how the judge rules and the judge never voids a ticket, he might reduce the fines but chances of voiding the ticket if the officer shows up is nil. Bigger the deficit more aggressive the enforcement.
The law is there for safety reasons and the right turn on red is a good revenue maker and is being abused. I got a ticket for $494 for a similar situation and $533 if I have to attend traffic school.
I plan to attend the traffic school and vent my anger there.

The only time these cops show up in my neighborhood is at the end of the budget quarter, and now that they have bigger budget deficit they have become terrible. The hide on a down hill road and at the intersection where the speed limit changes. They really dont care for safety, in fact they look very angry when you pass them at low speeds or following the law..... yeah I call it plagues of society. Well I feel helpless when the insurance companies join in on this scheme.

I have been forced to become a robot driver and got bumped by a suv on the exact situation of stopping for a right on red for too long when the right lane had a left turn signal. I also observed no one stops when the right lane has a left turn signal.
I wish the officers really ticket the bad drivers for which they will have to work harder. Why are the fines so high in here? Donuts costs the same here as in Arizona? but we get punished more because the deficit is more? or because the unemployment rate is one of the highest......
Wish they put in the same effort to catch the thieves who have been burglarizing the neighborhood. Makes one wonder who the real thieves are. Just helpless, angry and frustrated.

Kim