Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
My question involves a traffic ticket from the state of: California in Culver City
In need of serious advice in regards to my recent citation for California Vehicle Code Section 22101(D) pursuant to Section 21455.5.
First off, I would like to ask...if I choose to contest the violation and request for a Trial by Written Declaration do I automatically lose my option to attend Traffic School if I am found guilty?
Now for the scenario that resulted in my violation:
I was caught by a RED LIGHT CAMERA when I was in the LEFT TURNING LANE and then proceeded to go straight (which was still a green light) and never went against the RED LEFT TURNING SIGNAL which set off the Camera.
Just to explain the situation a little more. I was only in that lane because I noticed there was an ambulance behind me and thought its lights were on, so I immediately wanted to get out of their way and since the right lane was completely congested with other vehicles, I proceed to go into the Left Turning Lane which was free to leave them clear passage. However, once realizing their lights weren't turned on and they had passed me anyway, I waited till that lane was clear again (which wasn't open until the front/end of the Left Turning Lane)...turned on my blinker and proceeded to turn back into the lane to go straight since that was always my original intention.
Upon review of the video provided by the Police Department (I'm driving the Blue Mazda 6)...you can clearly see these actions are supported in the video. You can see the ambulance pass by me when I am in the Left Turning Lane, I never come to a complete stop in the turning lane (since I never intended to make a left turn), put on my blinker and proceeded straight ahead when it was clear and in no danger to other vehicles (as the vehicle immediately behind me never had to brake since their brake lights never turned on).
I've uploaded the video onto YouTube: https://youtu.be/nYZu1so2HTI
However, upon looking at the pictures/photos from the camera...it appears that I am stopped in the Left Turning Lane and then making a left turn when the Left Turning Signal is clearly red...which from the video, is not the case.
So I guess what I'm asking is...what "exactly" is my citation of 22101(D) pursuant to Section 21455.5 really for? If it's for going straight from a Left Turning lane then I realize I'm clearly at fault for making an illegal lane change but given my scenario, would that be reason enough for a judge to dismiss my violation and find me Not Guilty???
I truly appreciate any advice on this matter and would be very grateful to hear any of your opinions if it's even worth fighting this or simply to just pay the fine and attend traffic school?
Thank you.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
22101(d) states it's illegal to disobey the sign in 22101(b). 22101(b) says if they can put a turn restriction (such as left turn only in your case) for a lane on a sign.
You're guilty.
The good news (others will be along in a minute to explain it), is that automated camera enforcement in LA County is sort of toothless.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
Quote:
Quoting
rmoriarty41
My question involves a traffic ticket from the state of: California [REDACTED]
In need of serious advice in regards to my recent citation for California Vehicle Code Section
22101(D) pursuant to Section 21455.5.
Now for the scenario that resulted in my violation:
(CHANGED: [Somebody was]driving the
Blue Mazda 6)
I've uploaded the video onto YouTube:
https://youtu.be/nYZu1so2HTI
Is that the only recording of the incident? just video of the blue Mazda's rear? If so, how could police prove you were driving? You live in a house with 4 other licensed drivers, ones with unfettered access to keys kept on a hook by a door leading to a garage where vehicle is normally garaged. On day in question, any of several people could've been driving said vehicle, at said time, on said street. Of course, you do NOT recall driving said vehicle at time of alleged violation. Absent a confession, there's no way to put you in driver's seat of the blue Mazda at time of alleged violation.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
The ticket is sent to the registered owner. The state doesn't have to prove that somebody else was driving unless the registered owner disputes being the driver.
We don't encourage people to commit perjury in this forum. If that's where you intend to push threads, you are going to be more comfortable on sites that don't actually care about the law.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
Thank you everyone for the replies.
In regards to proof of me driving...it's very evident in the additional pictures provided on the Red Light/Automatic Camera ticket that it was me driving at the time. So no, I will not be using that defense.
My main concerns in regards to my violation are:
#1 - If I fight the ticket do I automatically lose my right to attend Traffic School if I am found guilty.
#2 - Given my circumstances/reason for being in the LEFT TURNING LANE to let the ambulance pass me by a valid enough reason to argue in court?
Appreciate any advice in these matters...thank you again.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
(1). California Rule of Court 4.104(c)(a) and (2) state that a person who receives a ticket and qualifies for traffic school “is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial.” The decision is to be based on the circumstances of the specific case. The court, however, is not required to state why it grants or denies traffic school.
Also, California Vehicle Code 42005 provides that a judge can allow a person convicted of a traffic violation to attend traffic school. In People v. Enochs, a court stated that a “trial judge has the power to order a defendant to attend traffic school. If the trial judge believes that a defendant would benefit from attending school, such attendance should be authorized.” A later decision (People v. Wozniak) directs a trial court to consider the merits of a request for traffic school “whether the request is before or after conviction.”
(2) Yes, since (a) shortly after your vehicle had moved to the left-turn lane, an ambulance passed by. And (b) you did NOT complete (or even attempt) a left turn.
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
Quote:
Quoting
rmoriarty41
T
#2 - Given my circumstances/reason for being in the LEFT TURNING LANE to let the ambulance pass me by a valid enough reason to argue in court?
Appreciate any advice in these matters...thank you again.
No, that doesn't give you an out. First off, you don't appear to have been yielding to an ambulance with lights and siren, and even if you did, it was still unsafe and illegal to do what you did.
You're s
Re: Fighting a Red Light Camera Ticket, VC 22101(D) Pursuant to Section 21455.5
Quote:
Quoting
rmoriarty41
#2 - Given my circumstances/reason for being in the LEFT TURNING LANE to let the ambulance pass me by a valid enough reason to argue in court?
That's what you've got to work with. So that's what to use in your Trial by Dec. If found guilty, you could request a Trial de Novo, arguing your case before a different judge/comm.
I looked at your video. But I didn't see any "Photo Enforced" signs posted.
Did you see something like this?
https://www.alamy.com/stock-photo-ph...-28209749.html