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  1. #1
    Join Date
    Sep 2013
    Posts
    4

    Default Proceeding Through a Red Light After Getting Stuck in an Intersection

    My question involves a traffic ticket from the state of: California.

    I would like to write a trail by declaration regarding a ticket I got for "entering an intersection while red". However, I'm confused as to how to write a professional looking explanation. Here is the full account of what happened, and if anyone can give me advise on writing a good not guilty plea, thank you for responding!

    -------------------------

    I was moving straight, crossing an intersection while the light was still green when suddenly I was forced to stop because a car turning left cut me off, even though s/he was supposed to yield until all straight driving vehicles had passed. I was forced to stop to avoid a collision. By the time I could move again, the light had already turned yellow and then red. Being an intersection in Hollywood blvd, a large amount of pedestrians began crossing before I could make it to the other side, thus trapping me within the intersection. Two policemen (one male and one female) riding bicycles then rode up to me and had me pull over once all pedestrians had finished crossing.

    After I had pulled over to the side of the road, the male officer came up to ask for my license and insurance. While handing him these, I told him I had no choice but to be trapped in the intersection, as I had already entered the intersection before being cut off by the left turning vehicle. I asked him whether he saw how the other car cut me off and he said "yes".

    After recording my information, the female officer came back to my car and handed me a ticket citing that I crossed the intersection while it was red. When I asked her if she had seen the car cutting me off, she said "all I saw was your vehicle blocking traffic in the middle of an intersection."

    The reason I am pleading not guilty is because the circumstances leading up to me being stuck in the intersection was unavoidable, as I could not have known that the other car would suddenly rush in front of me, and I had no choice but to avoid a collision. While one officer said he also saw what happened, the officer who's name is on my ticket said she did not. However, saying she didn't see something does not mean it did not happen. Since I had already started crossing the intersection when it was green, I could not back up due to cars behind me, and so my only choice was to cross after waiting for the car turning left to finish, only to be met with pedestrians blocking my path.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    What code section were you cited for?

    And in your post, you stated the following:

    Quote Quoting Gummyjeff
    View Post
    I was moving straight, crossing an intersection while the light was still green
    So you say you were crossing the intersection while the light is green, meaning you were already in the intersection... While it was green. Correct?

    And yet the officer cited you for (again, from your post):

    Quote Quoting Gummyjeff
    View Post
    ... regarding a ticket I got for "entering an intersection while red".
    So which is it? Were you in the intersection while it was green meaning you entered while it was green? Or did you enter while it was red?

    And while I'm at it, here is another question you can answer... You entered the intersection, lets assume your version which implies you entered on green... I am going to exclude any green time that you were in the intersection for, you got cut-off by someone turning left in front of you, then the light turned yellow, and was in that phase for approximately 4 seconds (actually, if you want to name the intersection with Hollywood Blvd and which direction you were headed I can tell you exactly how many seconds of yellow time it runs) and then there was at minimum one, possibly two seconds of all red, before the signal for cross traffic changed and at the same time before the signal for pedestrians to start crossing in front of you...

    What were you still doing in the intersection for at least 5 seconds after you got cut off if you entered on green?

    This implies a better possibility that did enter on red and you did not actually get cut off, the car that turned on front of you had little to no time to turn and exit the intersection before the light changed.

    Still, I don't know if you got cited for 21453(a) or if you got cited for 22526... Or possibly something else. So help uus out here buy answering the questions I posed if you would and we'll go from there...

  3. #3
    Join Date
    Sep 2013
    Posts
    4

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    Hello, thanks or replying!

    I was cited for 22526A.

    While entering the intersection, my car had just barely moved past the walk way before it turned yellow, so it was too late to stop or I'd be halfway into the intersection, and having it just turn yellow meant I would have had plenty of time to cross had not the other car cut me off. This intersection was Hollywood/highland. The left turning car took about 3/4ths of the entire yellow timer so by the time I got near the other side of the intersection, it was red. Some pedestrians were not looking out for possible late cars and started walking immediately when it turned red. Thanks again for replying!

    Also, I'm about to send in my request for declaration, but I'm not sure what the proper way to do it is. My citation that came in the mail has a box to check for request by declaration, but do I have to mail in a check for the bail with this, or do I mail the check along with the TR-205 that they will mail to me after? In addition, do I have to write a statement using this form: http://www.helpigotaticket.com/forms/TBDrequest.rtf or is that not necessary?

    Another thing that worries me is that the citation mail says my due date was in August, but I extended it online to October 9th. Since I am sending the mail back with the Request for Declaration checked, will they just look at the due date and say "Oh it's overdue" and charge me the late fee?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    The ticket is not for entering on red - the ticket is for entering the intersection before you had space on the other side of the road that would allow you to proceed all the way through the intersection.
    Quote Quoting VC Section 22526. Entering Intersection Rail Crossing or Marked Crosswalk
    (a) Notwithstanding any official traffic control signal indication to proceed, a driver of a vehicle shall not enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side.

    (b) A driver of a vehicle which is making a turn at an intersection who is facing a steady circular yellow or yellow arrow signal shall not enter the intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side.

    (c) A driver of a vehicle shall not enter a railroad or rail transit crossing, notwithstanding any official traffic control device or signal indication to proceed, unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including, but not limited to, a train, trolley, or city transit vehicle.

    (d) A driver of a vehicle shall not enter a railroad or rail transit crossing, notwithstanding any official traffic control device or signal indication to proceed, unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle driven and any railway vehicle, including, but not limited to, a train, trolley, or city transit vehicle.

    (e) A local authority may post appropriate signs at the entrance to intersections indicating the prohibition in subdivisions (a), (b), and (c).

    (f) A violation of this section is not a violation of a law relating to the safe operation of vehicles and is the following:

    (1) A stopping violation when a notice to appear has been issued by a peace officer described in Section 830.1, 830.2, or 830.33 of the Penal Code.

    (2) A parking violation when a notice of parking violation is issued by a person, other than a peace officer described in paragraph (1), who is authorized to enforce parking statutes and regulations.

    (g) This section shall be known and may be cited as the Anti-Gridlock Act of 1987.

  5. #5
    Join Date
    Sep 2013
    Posts
    4

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    Ah I see. But wouldn't my case still hold since I would have been able to clear the intersection had the other car not cut me off?

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    Quote Quoting Gummyjeff
    View Post
    Ah I see. But wouldn't my case still hold since I would have been able to clear the intersection had the other car not cut me off?
    The law does not provide for any sort of exception and therefore you are expected to clear the intersection even if the other car cut you off.

    The citing officer did offer you the same explanation here:

    Quote Quoting Gummyjeff
    When I asked her if she had seen the car cutting me off, she said "all I saw was your vehicle blocking traffic in the middle of an intersection."
    I'm afraid you really have no viable defense to speak of. On the other hand, this citation is pretty similar to a parking citation and while it appears on your driving record, it carries zero violation points so it will not affect your insurance premium at all.

    Quote Quoting Gummyjeff
    Also, I'm about to send in my request for declaration, but I'm not sure what the proper way to do it is. My citation that came in the mail has a box to check for request by declaration, but do I have to mail in a check for the bail with this, or do I mail the check along with the TR-205 that they will mail to me after? In addition, do I have to write a statement using this form: http://www.helpigotaticket.com/forms/TBDrequest.rtf or is that not necessary?
    You have to submit payment for the bail amount at the time that you request your declaration. And that form is a misrepresentation of the TBD process and how it works. So that form is useless. and worse yet, can only complicate matters more.

    Quote Quoting Gummyjeff
    Another thing that worries me is that the citation mail says my due date was in August, but I extended it online to October 9th. Since I am sending the mail back with the Request for Declaration checked, will they just look at the due date and say "Oh it's overdue" and charge me the late fee?
    The fact that you extended it online until October and as long as you were given a confirmation screen showing the new due date as October 9th, then that is the new due date. It will not cost you a late fee. However, and due to a completely different rule and a completely different requirement, the fact that you did extend it might mean you are no longer eligible for a trial by declaration. The only way you can find out if you are or are not is to submit your request and see what happens.

    Last but not least, it does not matter which court this case is set to be resolved at, you should handle all these requests and submission matters in person at the traffic window at the courthouse. Attempting to do so by mail is a recipe for disaster.

  7. #7
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    Sounds like OP may have entered the intersection when there was sufficient space, but the driver turning left blocked him off after OP entered the intersection. The question is whether the judge will trust such a declaration. I doubt the OP could get the "male officer" to corroborate this story. If it was me I'd fight it, though with limited hope for success.

  8. #8
    Join Date
    Sep 2013
    Posts
    4

    Default Re: Help- Stuck in Intersection, Trial by Written Declaration

    Thank you guys very much for the responses, especially That Guy! Since I am not in a place to be able to send in my TBD in person, I think I'm just going to pay the fine so I don't risk a late fee or in case they won't let me even do a TBD. I was mainly fighting it because I thought my insurance would go up.

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