Friday, April 18, 2008

Failure to Stop on Red Ticket

Here is a question from an email l received and would like your help answering . . .

I got a red light ticket in Orange County Ca, for a rolling right turn. The signs say "photo enforced" but the star witness is the video that they have. The photos that they send you in the ticket doesn't prove you didn't make a fast stop in between the photos. Has anyone ever used this defense that has emailed you...that the signs are incorrect because California VC 21455.5 (a) (1) says Identifies the system by signs......etc. How is "Photo enforced" Identifying a video system. Any feedback would be helpful..thanks

6 comments:

  1. I got one. Do you have to stop when making a righthand turn?

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  2. You have to come to a complete stop before making a right hand turn. It seems ridiculous that you could be ticketed for that but its a big money maker for citires.

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  3. I received a Failure To Stop. I reveiewed the video, and it shows that I did stop....however, I was over the white line when I did stop. Should I plead not guilty?

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  4. There are many factors to consider: First of all, by the time you received the notice, was it postmarked more than 15 days since the alleged violation? If you're in California, the registered owner(s) of the vehicle must get the initial notice within 15 days...if that first notice got mailed later than 15 days to the registered owner(s), you might have a cause for dismissal...check with a lawyer carefully about this. Another thing, if you were approaching while it was yellow, and couldn't stop in time without crossing the limit line, but managed to stop without blocking cross traffic, you might be able to get your citation dismissed; you did say you came to a stop even though you crossed the line. Your late time on the citation could be a key factor in this. Also, if you were approaching a green right turn arrow, and it went through a cycle of turning yellow then red, the city might be churning the light for money by having a short 3 second yellow arrow. Unfortunately Cal Trans allows for short yellow arrows regardless of the speed limits; you can have a 55 mph zone with a yellow arrow only being required to stay on for 3 seconds, while the through traffic must have a yellow light longer than 3 seconds. A number of California cities have churned their turn lights for red light camera tickets (Culver City, Santa Ana, Fullerton, Costa Mesa, South Gate, Los Alamitos, Cerritos, Whittier, just to name a couple).

    Remember to check with a lawyer first before you plead anything...what I've said is not necessarily legal, and should not be used as legal advice. These are only thinking points.

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  5. I turned right on a red light with no traffic in sight. Will I be cited for an illegal turn on a red light?
    W.

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  6. I was cited for making a right turn while rolling thru a red light. It was 4am and there was absolutely no one around. I yielded but there was no need since there wasn't a sole insight.

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