I'm going to assume that this is for a fully protected left-turn phase with a three bulb vehicle head (MUTCD CA 2010 Section 4D.06 Standard B.2). It is possible for a vehicle head to have a circular red, yellow arrow, and green arrow as long as the circular red is not visible to the through lanes or is properly signed. However, it's not a typical setup in most cities that I have seen.
21453(c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly 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 permitting movement is shown.
Wouldn't it just be 21453 (a) then?
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).
(b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
So is there a video of the incident? Many of the camera setups in California record the previous 10-15 seconds prior to snapping the picture and 10-15 seconds after the picture is snapped. If it exists, it will be something you can use to prove your case.
Thanks Speedy Gonzalez. This was not a camera ticket. I was pulled over by a cop.
A simple oversight by the officer, but if it is to be corrected, it must be corrected prior to the arraignment with the officer completing, filing (in court) and mailing a copy of a Notice of Correction - Form TR-100 to the defendant along with proof of service form.
bpat, if it is not corrected (meaning if you do not receive a Notice of Correction from the officer, then you can try the following in this order:
A) Appear at the arraignment, present a copy of the engineering report showing that this particular signal head, utilizes a circular red instead on a red arrow, argue that subsection (c) is not applicable & accordingly the citation is defective on its face, and the case should be dismissed.
Now, it is likely that the judge is not going to accept that argument without the officer being present, at which point you would have to opt for choice (B) which is to enter a plea of "not guilty" and request. a trial or simply put in a request for a TBD (and yes, there is a great likelihood that you will having to post bail equal to the fine amount at this point (which, assuming the citation is dismissed, it will be refunded to you 6-8 weeks after the verdict)).
In your TBD, or at your trial, your argument would simply be "I was cited for violating the direction of a red arrow, where in actuality, I was facing a circular red, & here is the engineering report to confirm that fact. Since the element of the charge with which I was cited (i.e. "A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow") cannot be proven by the prosecution, the citation should be dismissed".
Again, all of this is dependent upon the likelihood that the engineering report will specifically reference the type of red indicator used there. If it doesn't, (and since I highly doubt that Google Street view images would ft the bill) then you're only hope would be to take a drive out there to take pictures (and you should take them from angles that also show the street name signs as a means to lay the proper foundation for them).
Hi That Guy,
Thanks for providing your feedback on my case. The current status is as follows:
1) I have already paid the bail amount and had requested "Trial by Declaration".
2) I have received the paperwork (Form TR-205) which i have to complete and submit before 10/25/2011.
3) I have a few back and forth with the county's Department of Public Works before I finally obtained the required Traffic signal report (including the type of traffic light) and the photographs taken by the department for the intersection that supports their description of signal type.
I have uploaded the pictures. Sorry, I have smudged the image to hide the personal information. You can have a look at the following
1) The Courtesy Notice for the traffic violation: http://imageshack.us/f/412/noticefinal.jpg/
2) The cover letter from the Department of Public Works: http://imageshack.us/f/641/coverletterfinal.jpg/
3) Additional Photos provided by the department (Sorry, the photos are scanned in gray scale so its difficult to figure out the signal color. The original photos are color. You can skip the photos if required. It is similar to what we saw on Google street view.) :
Given the above situation, I have the following questions
1) Since I am cited for VC21453(C) Red Arrow violation and since the report shows that there is no Red arrow at the intersection, I am going to argue the case as you mentioned in your previous message. Do you think I would need anything else as an evidence other than what I have currently?
2) I am also cited for VC16028(A) Fail to provide Evidence of Financial Responsibility (Proof of Insurance violation). I was driving my friend's car and his glove box would not open at that time for me to show the officer the proof of insurance. I have submitted the proof with the bail amount I sent. In the Statement of Fact should I also be contesting this violation? Should I include the details of this violation and also attach the insurance proof? Should I include description for both violations in the same Statement of facts or should I write 2 separate ones?
3) I had seen a template letter from someone who had a similar case and for whom you reviewed the letter. I am planning to use the same template as this is my first correspondence with a court authority. I will prepare the draft for my case. Will you be able to please review it to see if the language and the format are correct?
Under Any Circumstances.
Submit Two Separate Statements.
Judges have a lot on their minds and are often confused by the simplest tasks... Well, may be not often, but you catch my drift.
I would shy away from cluttering your declaration with material that is not needed. But again your case, proceed as you feel comfortable. My advice would be to simply either check online or contact the court for confirmation that this part was handled already. If it has been handled, I would simply include a one line comment at the end indicating that "Proof of correction for the VC 16028(a) violation was submitted to the court and the related violation as indicated on the citation was dismissed by the clerk" (or words to that effect). Hopefully you were also able to submit an additional $25 along with the bail amount to cover the administrative fee required for the dismissal of the 16028(a) violation.
>> I had asked the clerk on the phone about the proof of insurance and he mentioned that the commissioner looking over the case will make the decision. I did that before sending the bail amount. I will check back with a clerk tomorrow. But if, what he mentioned is the case, should I just include the line "Proof of correction for the VC 16028(a) violation was submitted to the court." Or do I need to add anything more?
Also, the clerk mentioned to post just the bail amount. He did not ask me to send separate $25 check. In this case, what should I be doing? Will they cut it from the bail amount if the case is dismissed or will I have to send it to them separately?
I will have the Statement of Facts ready by tonight and can upload it by tomorrow. Thanks for your time.
And yes, I sent my communication through certified mail with the return receipt confirmation option and also made copies of everything.