BOBUCRUZ

Here goes:

I took the morning off from work today to fight a photo red light ticket that I got back in November 06 . The photo enforced ticket happened on Supulveda Ave, in Van Nuys, CA.

This long road began a couple weeks after the alledged incident happened, when a ticket showed up in the mail with my pictures-face shot, license plate, and obstructed view of my car-it was blocked by a white truck. The ticket said I needed to pay the $361 bail by a specific date before my court appearance and it would be refunded if I won my case. This was a shock to me because the New York(I'm from NY) court system allows you to pay only after your found guilty.

So I sent in the check with my plea of not guilty and began the process to fight the ticket. After reading through numerous Web sites:

Highway robbery
ticket assassin


I knew I had a case and should fight it and researched the California Vehicle Code as well.

My first step was to file a "trial by declaration" with the court (allows you to handle everything by mail (no need to face the court's intimidation tactics) and you need to request from the court via mail). I sent this "trial by declaration" certified and used CA vehicle code 21453a in the letter as my defense. This code says if your front bumper is over the first line of the pedestrian walk way when the light turns red, you can go through. Well, the first image on my ticket, used to charge me, shows that my car is obstructed by a white truck. Basically, you can't tell if my car is or isn't over the line in time because the white truck is in the way. A few weeks after, I thought I had the case won.

So I get the court's response in January. The response says I'm found guilty of the charge. P**ssed off and shocked wondering why these guys are smoking, I file a "trial de novo" or a request for a new trial immediatly after. A couple weeks later in February, I get my new trial date, set for 4/12, today. By this time, it's been four months since the ticket was issued.

So, last night I prepared my defense going over my paperwork. Everyone at work said I wasn't going to win and I might as well pay the ticket. :thumbsdown: I was still confident though. My defense in a nuttshell was, according to vehicle code 21453a how can you tell I wasn't over the first pedestrian walk way when the light turned red. Well you can't since my car isn't visable due to a big white truck.

Well, why did they issue the ticket and waste my time? Probably because they are money hungary. Well to cut to the good part, I watched person after person get shot down and found guilty for the same offense as mine (running a photo enforced red light). When it was my turn, the officer looked all too confident and sure of his victory. Sure, just before the trial he personally showed my the evidence he had against me and said I should just plead guilty.

Well, that wasn't going to happen. What did happen was I elequently explained my case to the judge and even questioned the officer. I specifically asked him are you a 100 percent sure I wasn't passed the pedestrian white line in time? Of course he said yes, and made an a$$ out of himself. How can he be a 100 percent sure if he can't even see my car(again blocked by the white truck? Apparently, I said all the right things and the court ruled in favor of the defendent. As the words not guilty rolled out of the judge's lips, you could hear a groan echoing from the officer. Apparently, he wasn't happy at losing. He hadn't lost all day.

So, in 6-8 weeks I get my $361.00 back, no point on my license, no traffic school, and proved my co-workers wrong. Boy, today was a hell of a day


Mod suggestions anyone?

ICEMAN 316

Nice Can't believe that damn cop would answer yes to that question when you asked him lol..

AC_S5

The question is sort of a double edged sword, he answer yes he would be an A$$ as the white truck blocked your vehicle, if he answer no he would still be an A$$ as if he's not sure if you've pass the first line where's the case to begin with.

Anyways, glad to hear you got off. I wasn't so lucky last time I ran the light, the officer was investigating some traffic incident on the intersection and i was caught red handed

andy545

Good story, and good for you !

gpt

So, were you actually over the line?

Iceman

BOBUCRUZ

There's no way to know....

Ferdie

Guys,
I heard this theory years ago, don't know if it's true...

If you are guilty of a traffic violation and you just plan on paying the ticket, but don't want the violation shown in your DMV driving record (for insurance purposes) then try this. When you receive your fine in the mail, go ahead and mail back your payment by check, but overpay the bill by about $5 or so (suggest not overpaying by more than $10). When the city gets your check payment, they will have to send you a refund check back for $5 for your overpayment. Just hold on to that check for more than a year, DON'T CASH IT, maybe just rip it up. What this will do is keep your case open, they cannot close your case until all the funds have been cleared and transactions are complete. If your case stays pending and open for more than a year, then it is considered void, case closed. They throw your case out the window and they cannot report your violation to the DMV. There was no closure.

Like I said, don't know if this is true. Just heard it from an old friend who use to work at a police station.

jim7498

Wow congrats on winning the case. I've done the written declaration route before too for speeding tickets...Usually I just get a check in the mail back for the full amount because the cop never bothered to write his declaration.

BOBUCRUZ

Thanks. But this cop showed up and had his $hit together. He must have won about 9 or 10 cases before mine.