How to Fight a Failure to Yield Citation

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

So I was at a stop light and it turned green, I turned left and didn't see the oncoming car right away and by the time I saw it I felt it was safer to continue the turn rather than stop halfway. The car happened to be a police officer and he immediately pulled me over. He originally cited me for running a red light but a week later in the mail I got a ticket for Failure to Yield correction letter.

My question is what can I do to beat it? I'm already planning to request a trial by declaration but is there anyway to get it tossed out because of the correction or any other way for that matter. What exactly are my options to defeat this ticket. Also what's the fine?

Original: cvc 21453 (c) (it looks like a C, it's hard to tell)

Changed: cvc 21801 (a)

I don't like that he changed it, I don't get a do over why should he?!

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Quoting Sneaky Omelette

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So I was at a stop light and it turned green, I turned left and didn't see the oncoming car right away and by the time I saw it I felt it was safer to continue the turn rather than stop halfway. The car happened to be a police officer and he immediately pulled me over.

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So, did he have to slow down or swerve to avoid you?

If so, there is no question as to whether you failed to yield or not... Am I right?

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Quoting Sneaky Omelette

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is there anyway to get it tossed out because of the correction or any other way for that matter.

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Not even a hint of a chance... Not a single reason why it will be!

It has had ZERO effect on your or your ability to defend yourself.

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Quoting Sneaky Omelette

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What exactly are my options to defeat this ticket. Also what's the fine?

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You can play Cop Roulette and hope he doesn't submit a declaration or appear in court for trial. Other than that, you really have no chance!

But by doing that you may lose out on a fine reduction and possibly a guaranteed chance to take traffic school!

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Quoting Sneaky Omelette

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Also what's the fine?

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Good question (see below)...

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Quoting Sneaky Omelette

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Original: cvc 21453 (c) (it looks like a C, it's hard to tell)

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If you violated a Red Turn arrow, the fine would have been $479.

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Quoting Sneaky Omelette

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Changed: cvc 21801 (a)

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The fine for failure to yield is $234... (That's like a 51% discount :D)

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Quoting Sneaky Omelette

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I don't like that he changed it, I don't get a do over why should he?!

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He didn't get a do over, he simply corrected it before the arraignment; the law allows him to do that.
You, don't get a do over on failing to yield and possibly causing an accident!

Besides, you know and I know that if he would have kept it the same, and if he would have testified that you ran the red light, there's not much you could say to defend yourself. The fine is $479....

The fact he amended it, essentially cut your fine in half!

Of course you can complain about it... It won't get you much though!

Well if I do the written declaration I can do the trail de novo afterwords which the courts have ruled must be taken as a new trial with the first trial by written declaration having no effect. Thanks for the info.

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Quoting Sneaky Omelette

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Well if I do the written declaration I can do the trail de novo afterwords which the courts have ruled must be taken as a new trial with the first trial by written declaration having no effect. Thanks for the info.

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You sound like you're sure you're gonna lose the trial by declaration but win the trial de novo...

Good luck... And come back and let us know how it works out for you in the end!

I definitely will. I have another quick question. If the road conditions were cloudy, rainy, and wet and he put clear and dry and I can prove that it was raining that night could I get the ticket thrown out on a technicality or get the officers credibility called into question?

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Quoting Sneaky Omelette

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I definitely will. I have another quick question. If the road conditions were cloudy, rainy, and wet and he put clear and dry and I can prove that it was raining that night could I get the ticket thrown out on a technicality or get the officers credibility called into question?

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No, that only makes what you did sound more dangerous. If it was rainy, the officer's stopping distance would be increased, making it more likely that he could have hit you.

If he just tossed a new ticket in the mail w/o a certificate of service then you may be able to argue that the new ticket was not served properly ... hence its basically void and the first ticket is what you have been properly served with and state that you did not go through a red light

You would have to cite a court rule or statue regarding the need for a certificate of service needing to be included in an amended ticket. If one can even amend a notice to appear (what the ticket is right?-its not a complaint).

It may be that a complaint or information would be needed to amend...don't know for certain so check this out yourself. I would think that the amendment would be needed to be plead in court.

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Quoting themadnorwegian

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No, that only makes what you did sound more dangerous. If it was rainy, the officer's stopping distance would be increased, making it more likely that he could have hit you.

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Yes, I would not point this out ... because a) its really not going to hurt the officer's cred & b) it hurts your case