ExpertLaw.com Forums

Running a Red Light and Two Stop Signs

Printable View

  • 04-15-2014, 06:51 PM
    anon327
    Running a Red Light and Two Stop Signs
    My question involves traffic court in the State of: California, City of Long Beach
    This isn't my TBD but I'm just stating the incident.
    It was a couple nights before St. Patricks day and I was at a party ready to head home. This was around 2-3 AM and my aunt wanted me to go home so she was rushing me to get back. I had a few drinks but I still had my senses to drive home. My friend wanted me to drop him off because he had a little too much to drink and his house was close by so I agreed to take him. I know it was an irresponsible move and I shouldn't have gotten behind the wheel but I did. I clearly wasn't in the right state of mind to drive but I still did. Before I knew it, I was going down past a red light and two stop signs. I don't believe I was speeding though. Suddenly, I saw flashing lights behind me and I was so terrified. The cop asked me immediately when I rolled down the window "How much did you drink?" and I didn't want to lie and said only a little sir.

    In the end he didn't give me a DUI and I'm VERY grateful for it. But the total cost of the three violations was approximately $1500. I was at the age of 18 then (my birthday was that month) with no job and my family is barely sustaining as it is. I really hope is there some way I can try the trial by declaration and void the ticket? Is there ANY chance? Or at least, is it possible to lower the ticket price..? I heard since he didn't write down that I was drinking, I don't have to mention that I was drinking and driving? But please, I need help. Anything would help very much. This was the first time I ever got pulled over and ever since then, I've been taking extra precautions driving and I will NEVER drink and drive ever again. I definitely learned my lesson.
  • 04-15-2014, 09:12 PM
    L-1
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Surely you jest!

    Your were drinking (under age at that) to the point that your resulting impaired judgment allowed you to run two stop signs and a red light, needlessly endangering your own life and that of others. Nonetheless, the kind officer merely cited you for traffic infractions instead of booking you’re a** for DUI as you well deserved.

    You got the best birthday present in the world. Yet, instead of being grateful for such a huge break (as you rightfully should be) you now whine and ask for the whole thing to be voided???????????

    Ask the court for time payments and consider yourself very, very lucky you got off so easy.
  • 04-15-2014, 09:36 PM
    cdwjava
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    What is your defense? Are you going to lie and claim you did NOT run the stop signs and the red light?

    Keep in mind that if you go to trial you might lose out on the chance to minimize the impact of one of these violations by attending traffic school. But, you certainly have the option of praying for the best and hoping you get lucky enough that the officer doesn't respond (or show for a new trial if you ask for one when/if you lose the TBWD) AND the judge dismisses as a result.
  • 04-15-2014, 10:57 PM
    anon327
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    I know I don't sound grateful but I really am. I've made terrible mistakes before but this just tops it all. I deeply feel badly about my decisions that night...

    I've decided to just go to court and accept to pay the amount and ask for traffic school.

    - - - Updated - - -

    Being realist, I highly doubt the trial by declaration would be in my favor at all.

    I was thinking of just going to court and say I'm guilty and plead for traffic school. And also to see if I can pay off the ticket in monthly payments because I'm still a student. I'm sorry but I don't understand when you stated that I'll "lose out on the chance to minimize the impact of one of these violations"? I wanted to attend traffic school so it wouldn't go on my record. How would it backfire if I attend court?

    AND I'm praying the officer wouldn't show up but I think he will because we had a long conversation that night so I made an impression on him. :/
  • 04-16-2014, 04:47 AM
    PTPD22
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Quote:

    Quoting anon327
    View Post
    Being realist, I highly doubt the trial by declaration would be in my favor at all.

    Without some kind of actual defense, it would be a waste of time. If you cannot make a credible claim that either a) you did not commit the violation that the officer is saying he/she saw you commit, or b) the officer neglected proper procedure in citing you, what would could you say in your declaration that could have any hope of success?

    Quote:

    Quoting anon327
    View Post
    I'm sorry but I don't understand when you stated that I'll "lose out on the chance to minimize the impact of one of these violations"? I wanted to attend traffic school so it wouldn't go on my record. How would it backfire if I attend court?

    It sounds like the officer cited you for three violations (once for the traffic light, and once each for both of the stop signs). If you are eligible, you could attend traffic school for one of those violations. However, I’m not sure if you can do so for multiple violations, even if they are all on the same traffic citation. Maybe Carl can clarify if that is an option or not. But, if you contest the charges and are found guilty, traffic school is no longer an automatic option…it becomes a discretionary matter for the judge.

    Quote:

    Quoting anon327
    View Post
    AND I'm praying the officer wouldn't show up but I think he will because we had a long conversation that night so I made an impression on him. :/

    For a TBD, the officer doesn’t have to show up. The court just uses the statement he/she attached to the citation. Only if you opted for a court appearance (either initially or in appeal of a losing TBD) would the cop have to show up. And, the officer gets overtime for court appearances. So, you figure the odds on that roll of the dice.

    What I’m praying for is that the officer made a definitive impression on YOU. I don’t think you still truly grasp just how gigantic of a break the officer gave you! I really hope that you take advantage of that break and never do anything that stupid and dangerous again.
  • 04-16-2014, 06:08 AM
    cdwjava
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Traffic school can only be used to mitigate one point of the three.

    And, to clarify, in a TBWD the officer will be asked to submit a declaration as well. The court may or may not dismiss if the officer does not submit a statement.

    And, I agree, the officer gave you such a huge break I'd argue that it might have been dereliction of duty. If you were impaired and he didn't act on that so as to investigate further, then he messed up.
  • 04-16-2014, 06:25 AM
    free9man
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Quote:

    Quoting cdwjava
    View Post
    And, I agree, the officer gave you such a huge break I'd argue that it might have been dereliction of duty.

    Especially if he allowed junior to drive off in an impaired state.
  • 04-16-2014, 06:35 AM
    cdwjava
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Quote:

    Quoting free9man
    View Post
    Especially if he allowed junior to drive off.

    There's case law out here that would have allowed the officer to be held liable for any harm that resulted from that if it were the case.
  • 04-16-2014, 07:55 AM
    trafeng
    Re: Is Winning a TBD Possible for Running a Red Light and Two Stop Signs
    Trust the people here. Its not an understatement to say that you got the gift of a lifetime. Pay your tickets (on a payment plan if you have to), take traffic school if its offered. DON'T, by any means try to use some silly technical point to try to fight the tickets.

    Finish school, get married, have kids, buy a house and live your happy life. And every time you apply for a job and DON'T have to list the fact that you got a DUI at age 18; or killed a family of four by running a stop sign while drunk - on your application, send out some good karma to the world for the kind policeman who showed far more grace than you deserved in that instance!
All times are GMT -7. The time now is 11:31 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved