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      01-08-2009, 02:30 AM   #1
Cloud
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Got a ticket for running a yellow light

It was unsafe to brake and the light was yellow. Even my passenger said it was yellow. The officer said "from my vantage point it is red". I did not run a red light. I ran a yellow light simply because it was unsafe. Should I contest the ticket? The problem is that my passenger is from out of state and being in court as a witness is out of the question.

Last edited by Cloud; 01-08-2009 at 02:58 AM.
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      01-08-2009, 11:04 AM   #2
LateBraking
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Trial by written declaration?

http://www.ticketassassin.com/
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      01-09-2009, 02:49 AM   #3
Cloud
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The officer circled AM instead of PM too...
I wonder if mentioning that in court would get the ticket thrown out.
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      01-09-2009, 01:26 PM   #4
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very difficult to fight if the officer shows up in court....even if you have a witness. The judge almost always side with the officer as long as he shows up. GL
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      01-09-2009, 06:08 PM   #5
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      01-11-2009, 04:52 PM   #6
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rowland heights: gale x nogales
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      01-11-2009, 09:47 PM   #7
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Quote:
Originally Posted by Cloud View Post
It was unsafe to brake and the light was yellow. Even my passenger said it was yellow. The officer said "from my vantage point it is red". I did not run a red light. I ran a yellow light simply because it was unsafe. Should I contest the ticket? The problem is that my passenger is from out of state and being in court as a witness is out of the question.
was the light yellow the entire time you were in the intersection? still that sucks
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      01-11-2009, 09:59 PM   #8
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Quote:
Originally Posted by Socale92 View Post
was the light yellow the entire time you were in the intersection? still that sucks
It doesn't matter, most people don't realize this but sitting in the intersection during a green light awaiting an opportunity to turn, is against the law. You are required to wait at the line until an opportunity presents itself, than proceed through the entire intersection. This is actually enforced here where I live.
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      01-14-2009, 02:38 PM   #9
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get a lawyer!
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      01-14-2009, 06:52 PM   #10
Socale92
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Quote:
Originally Posted by matt beard View Post
It doesn't matter, most people don't realize this but sitting in the intersection during a green light awaiting an opportunity to turn, is against the law. You are required to wait at the line until an opportunity presents itself, than proceed through the entire intersection. This is actually enforced here where I live.
traffic laws differ state to state....
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      02-03-2009, 03:44 PM   #11
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Trial By Declaration


Here is a template, hope this helps:


Quote:
STATEMENT OF FACTS

Defendant's Name: Ryan Idol
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21453(a).

The facts of my case are as follows: While driving southbound on 4th Ave at 0810 on 4-6-00, I noticed the traffic light change from green to yellow as I approached the Ash Street intersection. Since I was less than 20 feet from the intersection, I decided that it was reasonable and prudent to proceed through the intersection with caution; I safely cleared the intersection at the posted speed limit as attested to by Officer Skank on my citation. My vehicle was well over the near side limit line, in accordance with the requirements of CVC 21453(a), prior to the light changing from yellow to red.

Soon after safely crossing through the intersection, I was stopped by SDPD Officer Skank (I.D.#1234) and was charged with violating CVC 21453(a) which the officer wrote on my Notice to Appear as "21453(a) CVC Failure to Stop at Red Signal."

As I've already stated, my car was well over the near side limit line prior to the light changing from yellow to red pursuant to the requirements of CVC 21453(a). CVC 21453(a) states: "A driver facing a steady circular red signal alone shall stop at a marked limit line...on the near side of the intersection... ."

From the officer's position on Ash Street, perpendicular to my position as I crossed through the intersection, it would have been impossible for him to see that my light was still yellow (or to see my light at all) when I crossed the near side limit line as I entered the intersection. It is possible that the officer's light on Ash Street changed to green as I exited the intersection, however, this observation would give him no clear idea of the color of my light as I entered the intersection; the officer's light had to be red as I entered since my light was still yellow.

The officer may misunderstand that it is legal to cautiously enter an intersection (cross the near side limit line) on a yellow light as I did, only entering an intersection on a steady circular red light is forbidden by CVC 21453(a). If Officer Skank's light turned green as I cleared the intersection, he may have incorrectly guessed that my light was red when I entered. Since I cautiously entered the intersection on a yellow light, I am not guilty of violating CVC 21453(a) as charged and I ask the Court to dismiss my citation in the interest of justice.

If the court does not find in my favor in this case, I request a Trial de Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:


Ryan Idol, Defendant in Pro Per

Of course, make sure to change all the relevant information .
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