Contesting a Right Turn on Red Light Ticket

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

Ok, I was dropping off my in laws at SFO, with a pregnant wife early morning. On the way back, wifey started feeling nauseous, I was running to find a pharmacy. On an intersection, the cross traffic had left turn signals, my right turn was clear so I turned without stopping. The camera clicked and I was issued a ticket.

I am considering fighting it since 1) I have a cause, and 2) there was no chance of any car being where I was turning.

Do you think I have a chance of getting this waived?

If one loses the appeal or I am found guilty, I understand that the court will impose a sentence. If the sentence is for a fine, can the fine amount exceed the ticket?

In short, no and no.

Although Chucky's answer is absurdly incomplete, it is correct given the question you asked. However, red light photo tickets aren't that hard to beat.

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Quoting EWYLTJ

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Although Chucky's answer is absurdly incomplete, it is correct given the question you asked. However, red light photo tickets aren't that hard to beat. Look here and here for some good info. Come back here with specific questions.

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How can 2 correct answers to 2 short questions be "absurdly incomplete"? Did he ask for supporting data? Did he ask a question that I didn't answer? If so, what was it? Should I have felt an obligation to anticipate something else that he might be interested in knowing?:confused:

Why would you invite him to "come back here with specific questions" when he very likely has none? Maybe you should guess what his questions should have been and then provide him with answers. :D

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Quoting chuckycheese

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How can 2 correct answers to 2 short questions be "absurdly incomplete"? Did he ask for supporting data? Did he ask a question that I didn't answer? If so, what was it? Should I have felt an obligation to anticipate something else that he might be interested in knowing?:confused:

Why would you invite him to "come back here with specific questions" when he very likely has none? Maybe you should guess what his questions should have been and then provide him with answers. :D

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I'm back. Okay, so I am contesting the ticket - trial by declaration.

1. I don't remember the photo enforcement warning sign, but it was probably there. Does it matter that I turned from a right only lane, with no separate arrow? I mean, if there is no sign posted, and there is no separate light, and there is a separate right-turn only lane, shouldn't I be allowed to turn there without stopping, as long as I have checked that the road is clear?

I noticed 21453(A) says:
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).

It doesn't say anything about the right turn only lane, which do not have their own light.

2. When I turned, the light for the cross-street were green for left turn, so there was not chance of anyone coming into my path (the video clearly shows that no one was taking a u-turn). This will probably not be enough to convince the judge, right?

3. Would you advice writing just "I stand by my plea of not guilty" in the 'statement of facts' or actually filling out the section out with a reason?

4. I am confused about the 'discovery' and 'pre-motion' phases. If I lose the trial by declaration, can I use the discovery and pre-motion stages before filing TR220? Or, are they only for a court appearance, not for TBD.

Any help will be appreciated.

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Quoting aguy007

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1. I don't remember the photo enforcement warning sign, but it was probably there.

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Even if it wasn't posted at the intersection does not mean it doesn't meet the requirements of:

21455.5(a)(1) Identifies the system by signs that clearly indicate the system's presence and are visible to traffic approaching from all directions, or posts signs at all major entrances to the city, including, at a minimum, freeways, bridges, and state highway routes.

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Quoting aguy007

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I mean, if there is no sign posted, and there is no separate light, and there is a separate right-turn only lane, shouldn't I be allowed to turn there without stopping, as long as I have checked that the road is clear?

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Re-read 21453(a). It says you're supposed to stop... Red means STOP... Come on now; Kids in kindergarten know that!

After stopping, as is required by 21453(a) then you can proceed as is indicated in 21453(b).

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Quoting aguy007

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I noticed 21453(A) says:
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).

It doesn't say anything about the right turn only lane, which do not have their own light.

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Actually, it does... It refers you to subdivision (b).

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Quoting aguy007

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2. When I turned, the light for the cross-street were green for left turn, so there was not chance of anyone coming into my path (the video clearly shows that no one was taking a u-turn).

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You're still supposed to stop, check cross traffic and proceed if there is none. You didn't stop!

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Quoting aguy007

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This will probably not be enough to convince the judge, right?

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Right!

ok, so is there any argument that can get me out of this? I mean, how do people get out of these tickets?

For trial by dec, does the police office also have to file a report? If he has to, and he doesn't, will I win the case?

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Quoting aguy007

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For trial by dec, does the police office also have to file a report?

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Yes.

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Quoting aguy007

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If he has to, and he doesn't, will I win the case?

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Yes, but chances are, he/she will.

Do you know if I lose TBD, and request a "trial de nova" by filling out a "TR-220" form within 20 days, can I contest the trial by declaration again or will I have to appear in court?

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Quoting aguy007

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Do you know if I lose TBD, and request a "trial de nova" by filling out a "TR-220" form within 20 days, can I contest the trial by declaration again or will I have to appear in court?

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A "trial de novo" is an in court trial. You'll have to appear.