Taking a Traffic Citation to Trial

[hivewax]

I was issued a $277 citation on 8/21/2010 ~1:20AM for "failing to stop at steady red traffic light prior to right turn." I was going at 10-15mph in a '07 RAV4 with my wife and baby in the back seat, and was behind two cars bunched together in a residential area. The first car entered the turn at a green light most definitely going ~10mph, which was slowing the 2 cars behind including me. I wasn't paying attention to the light because I was right on the bumper less than a car's length.

I know if the police officer that issued the citation doesn't show up at the trial, I pay nothing. I plan on saying I either turned on a yellow or was past the line when it turned red. How can the officer prove I turned on a red? I'm pretty pissed at the price of $277 for a silly turn.

 

[daveSanborn]

How can the officer prove I turned on a red?

Um, he doesn't have to prove anything.... all he has to do is state that you did. As an officer of the court his word will be taken over yours.

 

[1497]

Pay it or do a driving course to make it go away. Accept the fact you screwed up and don't do it again. You're lucky he didn't write another for following too close.

 

[hivewax]

What about Ticket Clinic?

 

[daveSanborn]

Taking it to court might not be a bad idea... as it stands right now you have a serious moving violation in "running a redlight". If you could plea this to something less noteworthy.... aka... failure to use your turn signal... you could possibly save yourself a significant amount of money over the next 3 years with your insurance premiums.

 

[AzPete]

Dave.....don't you have a good lawyer for traffic court....... :scar

 

[blue65coupe]

Dave.....don't you have a good lawyer for traffic court....... :scar

Good one.

 

[daveSanborn]

Dave.....don't you have a good lawyer for traffic court....... :scar

Good isn't a term I would use, but...... he did end up getting that "excessive" speeding ticket reduced to "another" faulty equipment charge. After he screwed it up and I read him the riot act he promised to get the speeding ticket reduced to "less than 10MPH over the speed limit". His office called me to report the case was settled and I assumed that he got the ticket reduced. As it turns out, not only did he get it reduced, he got it completely switched to a non-moving violation "faulty equipment" charge. That's the second fualty equipment charge in ~2 years with the same car on the same stretch of highway. I don't believe they'll allow a third one so I'm being VERY observant of my speedo.

 

[66gt350]

I know if the police officer that issued the citation doesn't show up at the trial, I pay nothing.

I wouldn't go to court counting on this defense. When I lived in Sacramento, my neighbor was a CHP and he stated that the officers are required to show up for court dates, or they can get a black mark in their personnel folder. I'm guessing that most departments policies would similar.

I wasn't paying attention to the light because I was right on the bumper less than a car's length.

So, you don't know if you ran the red light or not??

 

[daveSanborn]

If you have a clean driving record it's possible you may be able to discuss the ticket with the DA's office for possible better outcomes. The DA's office #1 priority is "clearing the docket", not necessarily finding you guilty. It's not like you commited a serious felony... you're just 1 of a 1000 that's cluttering up their otherwsie busy schedule. You'll likely still have to pay some court costs, but seriously, talking to the DA's office is really your best bet.

 

[Fast68back]

I took a ticket to court back in June, the officer wrote it up with the wrong DL #. Before court some prosecutor came in and talked to everyone, she offered plea bargains to everyone. Told me the judge probable wouldnt do anything with mine. I went up and was able to ask the officer some questions after the prosecutor asked her questions. After I asked my questions the judged rambled off something about how he wrote up the address on the ticket incorrectly and threw it out. I was happy.....

 

[Horseplay]

I wasn't paying attention to the light because I was right on the bumper less than a car's length.

I know no one wants to get tickets or pay fines but really, are you serious? You are gauging your innocence on the fact you were "right on the bumper" of the car in front of you without any idea if the light had changed and you had a legal right-of-way to be making the turn? You say you had your wife and baby in the car presumably to influence the reader that therefore you must have been driving carefully. See to me, that just further goes to show just how unsafe your driving was at this time. You pulled into an intersection, with family along, oblivious to the existing signal conditions. Be thankful there wasn't an accident, learn form the experience and pay your fine. You earned it.