Ticket for a Right Turn on a Red Light, VC 21453(A)
My question involves a traffic ticket from the state of:San Diego,California
I came to a stop at a red light before the limit line and the cross walk.There was a vehicle in front of me stopped in the cross walk waiting to make there right turn,they proceeded to make there right turn then I proceeded to make my right turn with caution that there was no approaching vehicles and that there were no pedestrians in the cross walk.After I made my right turn I saw a police officers parked patrol vehicle approximately 75 feet past the corner that I just made my right turn onto.The officers patrol vehicle was parked in the bike lane with part of his vehicle sticking out in the number 2 lane next to the bike lane,the officer was standing outside of his drivers door in the street.As I got closer to the officer he waved at me to pull over which I complied with his order,I pulled over and parked in the bike lane in front of his patrol vehicle.
A SDPD officer came to my driver side window and I asked the officer why did you wave me over and his reply was that you didn't stop at the red light.I replied back to the officer that I was at a complete stop at the beginning of the cross walk and that there was a vehicle stopped in front of me in the cross walk waiting to make there right turn.I explained that the vehicle in front of me made there right turn then I made my right turn.He then asked for my drivers license and went back inside if his patrol vehicle and wrote me this red light ticket.My Defense:The officers Field of Vision was Obscured at the approximate 75 feet distance where he was at to witness my vehicle not stopped at the red light limit line before I made my right turn.His angle to get a clear view of my vehicle stopped at the red light and all the obstacles between himself and my vehicle being a 40 speed limit sign,hedges,palm trees,a large electrical box and a big electrical tower that were all on the corner between the officer and my vehicle.
The officer was not in a position to have a clear unobstructed view view of my vehicle stopped at the red light to properly judge the situation.I've printed out Goggle map pictures showing the distance that the officers vehicle was parked at and his position he was at in the street when he states that I didn't stop at the red light.The pictures show the obstacles between himself and my vehicle being the speed limit sign,hedges,palm trees,the large electrical and the big electrical tower.My questions are would these statement of facts that I plan on writing in my Trial by Written Declaration be a valid defense for me which are all true,the pictures show the officer didn't have a clear view?Also are pictures as evidence from the internet like Goggle maps admissible in traffic court to support your case?Thanks for your comments,much appreciated.
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
Quote:
Quoting
hafee
I came to a stop at a red light before the limit line and the cross walk.There was a vehicle in front of me stopped in the cross walk waiting to make there right turn,they proceeded to make there right turn then I proceeded to make my right turn with caution that there was no approaching vehicles and that there were no pedestrians in the cross walk.
You appear to be stating that rather than independently stopping at the intersection, you chose to ride the bumper of the car in front of you and drove through the intersection with that vehicle. If so, that's why you received the ticket.
Quote:
Quoting hafee
My Defense:The officers Field of Vision was Obscured at the approximate 75 feet distance where he was at to witness my vehicle not stopped at the red light limit line....
The problem with that sort of argument is two-fold: First, the officer will testify (or can be expected to include in a written statement) that he did see your driving conduct. Second, the officer in fact did observe your driving conduct, which is why you were ticketed when you rode another car's bumper through the red light. You are free to try to convince the court with pictures and diagrams, but I don't expect the court to find that argument to be convincing.
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
Are Goggle map pictures that you down load off of the internet admissible in traffic court as evidence in your case to be present along with your Trial by Declaration?Also isn't it against the law to park a vehicle in the bike lane?
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
What difference does it make if someone was parked in a bike lane. The basic principle is what your mommy told you when you were little: two wrongs don't make a right.
Sure you can include all the pictures you like in your TBD. You'll lose.
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
Quote:
Quoting
Mr. Knowitall
You appear to be stating that rather than independently stopping at the intersection, you chose to ride the bumper of the car in front of you and drove through the intersection with that vehicle. If so, that's why you received the ticket.
What you are describing is not in itself a violation. What matters is where he stopped - if he stopped at the line, as the code requires - he would have complied with the law regardless of whether he stopped on his own volition or because of a car in front of him. But if he stopped sufficiently far from the line, then he should have stopped one more time at the line to comply. The OP can answer how close to the line he thinks he stopped, but it does look like he may have stopped too far from the line for that to count, and that may explain why that was out of sight of the officer.
The code does not specify what it means "at the line" or "before the crosswalk". Is 1 ft before (or after) the line bad? What about 3 ft? How far "before" the crosswalk does one need to stop for it to count? What if the officer testifies that the defendant did actually stop, but too far in the officer's judgment? Then we have an argument what is close enough.
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
I think what we are dealing with here is perception. The officer perceived that you did not stop at the line because the car ahead of you was past the line, yet you complied by stopping at the line. If you began moving as soon as the vehicle ahead did, it is an easy mistake to make by assuming the car AT the line did not stop as legally required. He should have ticketed the guy ahead of you for failure to stop behind the line.
Re: Ticket for a Right Turn on a Red Light, VC 21453(A)
Quote:
Quoting prusakolep
But if he stopped sufficiently far from the line, then he should have stopped one more time at the line to comply.
Which is to say that if he did not stop at the proper location but, rather than independently stopping at the intersection, instead chose to ride the bumper of the car in front of him through the intersection, he committed the violation.
Quote:
Quoting
Speedy Gonzalez
I think what we are dealing with here is perception.
That may be, but I don't think it's an easy sell in court if the officer's statement contradicts the ticketed driver's story.