Case Study: One Questionable Stop at a Red Light could cost over $2,000!

Ticketbust.com Fights California Red Light Tickets for a Fraction of this!

Here is one client’s case:

Circumstances:

According to the Ticketbust client, “I would like to describe my actions on the day I was issued the citation for allegedly committing an infraction of the California Vehicle Code Section 21453. I approached a traffic controlled intersection at Lost Hills and Los Virgenes. There was moderate traffic that day and the weather was gray.  I came to the limit line as the light was changing to yellow – since the light was not yet red when I came to the limit line, I was not required to stop.”

Problem:

Client was issued a ticket for a red light infraction while making a right hand turn on yellow.  The California Vehicle Code Section 21453 Circular Red or Red Arrow states:

21453.  (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).

(b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.

(c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.

(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.

Ticket Cost:  $200 plus court and administration fees

Insurance Premium:  $5,995* annual for a Standard Insurance Policy, a male driving 6 to 8 years in Los Angeles with one prior ticket.  This infraction carries one violation point on client’s record, which could increase the auto insurance premium by 30% or $1,798.

*According to the California Department of Insurance beginning January 1, 2010. 

Solution:
The client heard about the TicketBust.com service and contacted their traffic ticket experts.  After a brief interview, the TicketBust staff drew up a Trial by Written Declaration on behalf of the client.  This document included detailed information about the Vehicle Code as it related to the client’s circumstances.  The Trial by Written Declaration also included previous case law to show why the client’s citation should be dismissed.  Here is an excerpt from that document:

I would like to address VC§21452 which states in part that a yellow light means only that traffic facing the light is warned that a red light will soon follow. It is not illegal to deliberately drive through a yellow light. So, long, as my vehicle entered the intersection or passed the crosswalk or limit line before the light turned red, it is entirely legal. The officer must have a clear unobstructed view, and unless he is positioned right at the intersection or on a cross street, it is unlikely that his view is completely unobstructed by other waiting vehicles. Here, I approached the intersection at a safe and reasonable speed, and proceeded through the yellow light, which according to VC§21452, is entirely legal. The officer who issued me the citation was on the street I turned onto and was issuing a ticket to another motorist. The officer was not looking directly to my car when I drove through the yellow light. The officer likely only glanced up as I was completing the turn at which time the light had already turned to red.

 I would like to address the relevant code section I was cited with which states in part, “21453.  (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown.”In a criminal proceeding, “the burden of proving the defendant's guilt beyond a reasonable doubt is upon the state" (Cal. Penal Code Sec. 1096) and this being a criminal proceeding, the burden is the same. In order to judge that I had committed any infraction, the officer would have needed a clear line of sight. In this case my guilt or innocence will depend on whether the front of my vehicle was behind or past the limit line when the light turned red. In order to gather evidence against me for the use in judging my guilt or innocence the officer needed to have a clear, unobstructed line of sight to the limit line and the front of my vehicle passing over this limit line. Here, the weather was gray so visibility was not  a maximum and the officer’s attention as not focused only on my car as I approached the limit line and then ultimately turned and he was in no position to judge when exactly the front of my car passed over the limit line. Admittedly the light may have turned red while I was completing my turn  but I maintain that my car passed over the limit PRIOR to the light turning red and the officer cannot prove otherwise as he was not facing my car at the instance I  crossed the limit line. Given these facts a rational trier of fact could reasonably find, that the officer did not have a clear line of sight to the limit line and without that clear, unobstructed line of sight the officer is without sufficient evidence to convict me.

The TicketBust traffic ticket experts prepared this document, along with other necessary information and submitted to the court on the clients behalf.  No court, no time off work, no lines at the post office and no judge!

Result:

Within six weeks the client received the letter from the court stating that the red light ticket had been 100% dismissed.  No points were added to his driving record, the fines disappeared, and the client’s bail amount would be returned! 

For more information on how TicketBust can help to beat your red light ticket, red light camera photo ticket or other traffic ticket, visit www.fightcellphonetickets.com or call us today at 800 850-8038.  For help in Spanish, please visit www.CombateSuTicket.com or call our Spanish Speaking Customer Service at 818 584-3689