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  1. #1
    Join Date
    Jan 2009
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    28

    Default Running Red Light in Right Hand Turn Lane

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

    I was cited for 28-645A3A Fail to stop at a red light.
    I was also cited for something that I had no knowledge of nor control over which is 28-2354B.

    So I went to the store to buy some things and was in the right hand turn lane of a 4 lane road. I stopped albeit for just a sec [Streets were clear]. The 2 lanes next to me had cars and in the left hand turn lane was a police car. I accelerated and turned. A ways down I saw the lights come on then off. So I figured he did what many cops do and used his light to get somewhere quicker. He came up on me so close I could not longer see his head lights. He turned his lights on again. I pulled over, He directed me into a parking lot.
    He asked if I knew what this was about.
    I said no.
    He said you know you ran that red light.
    I said no I didn’t I stopped.
    He said yeah right at 15mph.
    What are you talking about I stopped.
    He said and what about this license plate cover.
    I said what cover. I was thinking of those things you can buy to stop laser detectors.
    He asked me to get out pointed at the trim plate from the dealer.
    He said see here.
    I was like uhh, what that has been there since we bought it.
    He then said well things change and this is illegal why didn’t you remove it.
    I said cause it has been there since we bought and how could I know it was now all of a sudden bad.
    He said get back in the car.
    The usual then happened.
    Only note is there was a very very young man in the car with him in a uniform though it did not look like his. I'm unsure if it was a rookie, or a cadet, or some other deal.

    So what can or should I do????

    It is a 300 fine with mandatory school which is another 190 so if I go t court and the judge takes the side of the policeman then I’m out a day and almost 500. I could go to school out right for just 190 but then I’m paying a fine I feel is unjust regardless of not having it on record or mvd.

    I guess I’m more venting than anything. It seems highly unjust that we have crimes that are redefined has "civil" and so are not giving the same process in court; How can it ever be fair that a person goes to court, stands before a judge and asks to be believed vs a policeman. Since it's "civil" there is no jury. No evidence. The only evidence is eyewitness testimonies which as many know is the most flawed and is open to misinterpretation.

    I stopped at the back of the double line.
    The cop was in the crosswalk in the far left.
    IMO he saw me accelerate out and turn but did not know I had stopped.

    So what to do??????

    Here is the intersection FYI Google maps ftw:
    http://maps.google.com/maps?f=s&ie=U...02645425072416

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Running Red Light in Right Hand Turn Lane

    Four lanes? Looks like six (assuming you were heading in the direction of the street view) -- 2 left, 1 right, and 3 through.

    You will have to argue that the officer could NOT have had a clear view -- through 4 lanes filled with cars -- of your car. If you can, try to take a photo from the extreme left turn lane showing exactly what kind of view the officer had (have someone in the passenger seat, as well, and YOU take the picture). It would be great if there were cars in all six lanes (rush hour, maybe?).

    As far as the license plate -- here is the statute:
    Quote Quoting 28-2354B
    B. A person shall display all license plates as required by subsection A until their lawful use expires or is canceled or revoked. A person shall maintain each license plate so it is clearly legible and so that the name of this state at the top of the license plate is not obscured. A person shall securely fasten each license plate to the vehicle as follows:

    1. To prevent the plate from swinging.

    2. At a height of at least twelve inches from the ground to the bottom of the plate.

    3. In a position to be clearly visible.
    If your plate meets that requirement, take a photo of it to show the judge. If not, get it fixed before you go to trial. In many states, this kind of ticket is usually a "fix it" ticket, so the charge may actually be dismissed (in some places) if you can show that it has been corrected (in some states, you have to take it to a police station and they give you a form stating that the problem has been fixed).


    Hope you get a sympathetic judge.

    Barry

  3. #3
    Join Date
    Jan 2009
    Posts
    28

    Default Re: Running Red Light in Right Hand Turn Lane

    I hope so but unfortunately it would seem like playing Russian roulette with 5 bullets not 1. If I go to court I could end up out 500ish and an 8 hour school instead of 4 at 190 if I go before Feb.2. It just makes me mad that in a situation like this police will site knowing they will get assigned to go to court and yet not care that they may have made a mistake. That maybe he witnessed me accelerating after the stop and not a follow through. But that he figures he loses nothing while me a father of 2 one disabled is hit hard even with the 200. I want to go to court but I just don’t see justice prevailing no matter how many pics or videos I take. Especially if whoever that other guys was just follows through and backs him up.

  4. #4
    Join Date
    Jan 2009
    Posts
    28

    Default Re: Running Red Light in Right Hand Turn Lane

    Just to add my friend added I should fight it because in the right hand turn lane it should have been a rolling stop citation not a running a red light one.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Running Red Light in Right Hand Turn Lane

    Quote Quoting Vidalr
    View Post
    Just to add my friend added I should fight it because in the right hand turn lane it should have been a rolling stop citation not a running a red light one.
    There is no such thing as a rolling stop citation.

    You either stop or you don't.

  6. #6
    Join Date
    Jan 2007
    Posts
    204

    Default Re: Running Red Light in Right Hand Turn Lane

    And contrary to the belief of 95% of all drivers, you really DO have to stop in the right-hand turn lane if the traffic signal is RED.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Running Red Light in Right Hand Turn Lane

    You were, in fact, cited under the correct law. ARS 28-645 (A)(3) states in part:
    Quote Quoting ARS 28-645
    3. Red indication:

    (a) Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown....

    (b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal....
    As I said, if you can take photos from the officer's perspective (stopped at the stop line in the far left lane, looking through four other cars, plus a passenger) showing that it's difficult, at best, to see a car that is in the extreme right lane. Could he easily see a car making the turn -- yes. Could he easily tell that that car was, indeed, stopped at the stop line prior to making the turn -- no. A car in that position would have been almost totally obscured from his view.

    I think you've got a shot. But, you have to do what you're comfortable with, given the extra penalty if you're found guilty.

    Barry

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Running Red Light in Right Hand Turn Lane

    Quote Quoting colourfastt
    View Post
    And contrary to the belief of 95% of all drivers, you really DO have to stop in the right-hand turn lane if the traffic signal is RED.
    And not only do they NOT stop, most think THEY'VE got the right-of-way!

    Barry

  9. #9
    Join Date
    Jan 2009
    Posts
    28

    Default Re: Running Red Light in Right Hand Turn Lane

    Same friend brought up something: Traffic Cams

    This intersection has them next question is do they record?
    If they do how long are they kept?
    Who has the right of review and retention ie for my court case if I decide to go forward.

    Me and my friend are begging film makers still in script development but we got a great deal on a HD camera. I was planning on using Google maps with diagram overlays and HD video to both show what the officer had seen and what he could not along with my driving habits. IE When I go I do admit I gun. The next day on the way to work at every right hand turn I made I observed my speed and half way through the turn from a dead stop I was at about 20mph. I cut it at the speed limit. Bad I admit. At any rate I still hate to take the chance on a judge but if I can get those traffic cams then it's a no brainer go to court with the video.

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