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  1. #1
    Join Date
    Dec 2016
    Posts
    2

    Angry Can You Beat a Ticket if the Officer Changes His Story

    My question involves a traffic ticket from the state of: California (San Francisco)


    I was pulled over last night in the Mission District in San Francisco. I was facing NB on Mission St. @ 23rd St. in the right lane signaling to make a right turn waiting for a few pedestrians to cross. As the crosswalk turned red, the traffic light turned yellow, I proceeded with my right turn. About half a block down, I get pulled over. The officer asks me if I knew why he pulled me over. I said I had no idea. He continues to explain to me that he was SB on Mission St., turning left onto 23rd St. (opposite of me), and that I failed to yield to him, and that he, the vehicle making a left, has the right of way. I was dumbfounded, because the main thing you learn as a driver, is that the right turn has the right of way over the left turn. I asked him again, to confirm that I, making a right turn, have to yield to oncoming traffic making a left turn onto 23rd St. He confirmed it, and even gave a reasoning that there has been many accidents in the neighborhood, and that is why left turn vehicles have the right of way. I wasn't going to argue with him, so he went back to his cruiser to do the paperwork. Upon his return, he immediately asks me if I saw any pedestrians. I said I saw 2 pedestrians crossing the street, but I made sure to let them cross before I made my turn. He said that there was another pedestrian that I didn't see and I cut off. I said in confidence that I didn't see another pedestrian. He proceeded to say something along the lines of "well it was dark". He cited me for violating CVC 21950A which is failure to yield to a pedestrian. I then asked him about his first explanation of failure to yield to a vehicle making a left turn. He said that he consulted his partner, and that I was correct that I had the right of way, and that he's really citing me for failing to yield to a pedestrian.

    Not sure if this matters, but the officer was very young in his 20s?, and seemed inexperienced. He even gave me two copies of the citation (defendant copy AND the "agency" copy). I have been driving in SF for 2.5 years. There are ALOT of pedestrians here in the city, and I'm very experienced driving here and very familiar with the traffic patterns and neighborhoods.

    Do I have a case here to fight this ticket? I mean, the officer first changes his story on me, then gives me a half assed explanation about some pedestrian I didn't see. What is the best way to approach to get this dismissed, should I just appear in court or request a trial by declaration? I'd like to fight this ticket (seems BS to me), but also would prefer to not take time off of work to appear in court, but I'd also like the highest chance of winning. Do i need to request for a discovery of his dash cam or anything like that?

    Any advice, tips would be very much appreciated!

    Thank you!

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can You Beat a Ticket if the Officer Changes His Story

    If questioned on the stand the officer would likely say (assuming he’s reasonably astute in testifying) that he thought you committed both violations (a wrong turn and failing to yield to a pedestrian) but confirmed that his understanding on the law on the turn was wrong and so only ticketed you for cutting off the pedestrian. In that case you won’t have done much to put doubt on the officer’s credibility and the issue will simply be did you do what the officer alleges you did. Absent some dash cam video or other independent evidence, it will come down to your word versus that of the cop. In most cases, that doesn’t go well for you, as the court is likely to believe the cop. Your statement that you didn’t see the pedestrian would suffer from two problems: (1) that you didn’t see the pedestrian does not mean the pedestrian was not there and your failure to see the pedestrian (if one was there) would explain why you cut the pedestrian off and (2) your testimony is self-serving and thus likely wouldn’t be given a lot of weight. But of course until the officer testifies there is no way to know how well he would come off and whether there is anything in his testimony you might exploit. Kind of a long shot there, though. As for trial by declaration, as that is all done just off written accounts of the officer and you, you don’t get a chance to try to make the officer look uncertain or otherwise put doubt on his testimony. But you can try it and if you lose you can do the trial de novo. You might lose the option for traffic school if you go that route and lose, however.

  3. #3
    Join Date
    Dec 2016
    Posts
    2

    Default Re: Can You Beat a Ticket if the Officer Changes His Story

    If the officer thought I committed two violations, shouldn't he disclose to me upon pulling me over that I had made two violations? He only cited one initially, then cited a completely different violation afterwards. Shouldn't this in itself already cast some doubt on his credibility and help my case that there was no pedestrian I cut off?

    Thank you for your insights!

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Beat a Ticket if the Officer Changes His Story

    There's no requirement for him to disclose ANYTHING to you when he pulls you over.
    Cops pull people over all the time on reasonable suspicion of one offense and write them up for another (most DUIs go down that way).

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You Beat a Ticket if the Officer Changes His Story

    What he told you about a second violation for which you were not cited will not matter a heck of a lot and is not likely to be a credibility issue since he reconsidered the matter and made the correct call with regards to the turn. Your defense argument will be whether or not you violated VC 21950(a) or not. However, as mentioned, if you choose to contest the cite and you lose, traffic school may not be permitted.

    And, yes, he may have been young and may have been in training. The second officer may have been his training officer. If so, and the training officer shows up to court, then there will be a second witness to your violation - a more experienced officer.

    But, you are free to take your chances at court.

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