I swear it was yellow!

IwishIwasfast

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First of all, I live in San Diego, so any feedback from LEOs or fellow ticket recipients would be greatly appreciated.
Got pulled over this morning and cited for "Red light" (71453(U)), meaning I "ran" a red light. The officer stated that I sped up :burnout: to get through the light, when on the ticket it showed my speeding up equated to 50mph in a 45mph zone. I swear, and I'm not trying to make any excuses, that the light was yellow when I entered the intersection.

Two questions:

1) What are the chances I can dispute this and win? I know it's my word against his, but if I entered the intersection on a yellow light (at least that is my belief), there is no proof other than my word.

2) If I just sack up and take care of what needs to be taken care of, how much will this cost and is traffic school required to keep it off my record?

By the way, clean driving record for the past nine years.

Thanks in advance for the help and feedback!!!
 

DEFYANT

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Its you word against his bud, you'll probably lose.

In MD, I think it is a 2 pointer and an $120 fine.

FWIW, I observed the stop line and the traffic light at the same time. If your front wheels cross the line, at speed, and the light is red, your a keeper.
 

mswaim

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I believe you may have posted the wrong section; the proper section for running a red light In California is CVC section 21453(a). There is now a section that covers the failure to heed a steady-yellow light; 21452(a).

I'm not positive, but I think the finme is around $350
 

IwishIwasfast

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Yeah, looking back at the ticket, I can see now that it is 21453(a), I just couldn't read the writing. I'm hoping I read your typing wrong though, did you just type "$350"? U.S. currency? :shrug: Ouch. I'm hoping either a) you're way off, or b) I can go to court and fight this thing. Any more feedback on this deal would be appreciated. Thanks again in advance.
 

mswaim

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I can't swear by the information contained on this website, however the guy is well-known for his work on safe driving so I would guess the bail amount he lists is factual. I do remember the amount was $271 some time back, however like everything else - I'm sure it has gone up.

It's also is a one-point violation so you will need to request traffic school to keep your record clean.


http://mrtraffic.com/redlight.htm
 

SCcobra4me

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Had the same thing happen bro, went through a yellow, pulled me over for running a red. It's your word against their's so guess who'll win, you don't even stand a chance. Pay the fine, you won't win. BS ain't it. Next time you see a LEO behind you and the light turns yellow, slam on the breaks!!!
 

SCcobra4me

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No I believe it would be called, Following too close, failure to slow down to avoid an accident. Somewhere down that line.
 

mswaim

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Actually when you see yellow and slam on your B-R-E-A-K-S it would be called "obeying the law" since yellow means prepare to stop, which is exactly what the trailing officer would anticipate you doing; hense - no collision.
 

TacticalKaos

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DEFYANT said:
Its you word against his bud, you'll probably lose.

In MD, I think it is a 2 pointer and an $120 fine.

FWIW, I observed the stop line and the traffic light at the same time. If your front wheels cross the line, at speed, and the light is red, your a keeper.

Are you a state trooper? If so I had a very good run in with a few the other night. Got in a car wreck and they were as pleasant as they could possibly be.
 

tama

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If you came to a stop and there are no visable skid marks to accuse you of completley braking on the spot (or to prove you where probabley speeding) and if you where rear ended then it is following to closley, not keeping enough breaking distance for the speed being travled, or speeding. And accidents can and do happen, even to L.E.O.'s hence the word "Accident". They didn't or wouldn't hit you from behind on pourpose. That would just be ridicelous:D

Anyone remember seeing dukes of hazzard movie where they rear ended someone and wrote him up for his brake lights not working cause they where to busy eye raping Jessica Simpson haha:-D

Also similiar situation I was pulled over for supposedly running a red. I said it was yellow as I passed the intersection and he still yelled at me that I was in the wrong and in the intersection on a red. I said prove it otherwise I'll take it to court and fight it. He ran my plates and my license and said he was letting me off with a warning and that yellow means SLOW DOWN. So He couldn't prove it I believe and for the record, it was yellow.
 

olefafl

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Does the LEO have a camera in the car. It could show you are wrong or right.
I got a red light ticket in Tulsa about 15 years ago, the LEO said you had to be out of the intersection when the red light comes on or you get a ticket.
 

CleanCobra

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Don't know about Cali, but the LEO ride on alongs I've taken the cam comes on with the light bar.
 

mswaim

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tama said:
If you came to a stop and there are no visable skid marks to accuse you of completley braking on the spot (or to prove you where probabley speeding) and if you where rear ended then it is following to closley, not keeping enough breaking distance for the speed being travled, or speeding. And accidents can and do happen, even to L.E.O.'s hence the word "Accident". They didn't or wouldn't hit you from behind on pourpose. That would just be ridicelous:D

Anyone remember seeing dukes of hazzard movie where they rear ended someone and wrote him up for his brake lights not working cause they where to busy eye raping Jessica Simpson haha:-D

Also similiar situation I was pulled over for supposedly running a red. I said it was yellow as I passed the intersection and he still yelled at me that I was in the wrong and in the intersection on a red. I said prove it otherwise I'll take it to court and fight it. He ran my plates and my license and said he was letting me off with a warning and that yellow means SLOW DOWN. So He couldn't prove it I believe and for the record, it was yellow.

In all my years of service I never lost a yellow vs red light citation since the judge almost always will side with me. Why? Simple; he drives the same streets and witnesses vehicles use the yellow light as a launching pad for running red lights. As long as I don't ever compromise my integrity and always testify truthfully, he/she will she will see very little motive for me to lie.

"If you came to a stop and there are no visable skid marks to accuse you of completley braking on the spot (or to prove you where probabley speeding) and if you where rear ended then it is following to closley, not keeping enough breaking distance for the speed being travled, or speeding. And accidents can and do happen, even to L.E.O.'s hence the word "Accident". They didn't or wouldn't hit you from behind on pourpose. That would just be ridicelous"

This portion of your post makes no sense; it is full of inaccurate material and is badly written. I'd respond, but there is no use wasting the time.
 

IwishIwasfast

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mswaim said:
"Simple; he drives the same streets and witnesses vehicles use the yellow light as a launching pad for running red lights. "

I didn't use it as a "launching pad", I legitimately entered the intersection while the light was currently yellow, but like it's been said my word against his. Since you say that the judge typically sides with you, I'm assuming that will be the case in most instances, so I might as well nut up and pay it. The thing that gets to me is that he has no way to prove that he is right and I have no way to prove that I'm right. No evidence no nothing. Anyway, just a bit frustrated by the whole deal, but I guess I just need to mind the rules and not get myself into situations such as this.
 

jshen

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"but if I entered the intersection on a yellow light (at least that is my belief), there is no proof other than my word."

Keep in mind that at 45 mph you are traveling 66 ft/sec...very few people can steadily watch a light and drive straight...one glance away is enough. The officer is watching you at the light...much better point of view. Your "belief" makes me think you have doubts as well.
 

IwishIwasfast

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Ok, so "belief" probably isn't the best word. I KNOW it was yellow when I entered the intersection. I know it for a fact. But from what I'm getting, there's not a thing I can do about it, because the only proof I have is me saying, "It was yellow, I swear." This interpretation is beside the point though...my original questions were 1) Do I have a chance of winning if I go to court? and 2) How much is this going to cost me? I appreciate the feedback from everyone.
 

ich1baN

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Actually he can get away with it a lot of times if he goes to court. Most of the times the police officer will not come to the court date when scheduled and it gets thrown out. But it depends. If you have a newer police officer he will most likely show up. But usually the older more experienced guys wont show up to the court hearing. Just depends.
 

mswaim

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IwishIwasfast said:
mswaim said:
"Simple; he drives the same streets and witnesses vehicles use the yellow light as a launching pad for running red lights. "

I didn't use it as a "launching pad", I legitimately entered the intersection while the light was currently yellow, but like it's been said my word against his. Since you say that the judge typically sides with you, I'm assuming that will be the case in most instances, so I might as well nut up and pay it. The thing that gets to me is that he has no way to prove that he is right and I have no way to prove that I'm right. No evidence no nothing. Anyway, just a bit frustrated by the whole deal, but I guess I just need to mind the rules and not get myself into situations such as this.

My comment was not directed at you, however the crux of the matter is the same. In reality, judges are people who work and play in the same circles we do. The difference is they use their observations to help guide their decisions on many issues where credibility and human nature come together. In cases where beyond a reasonable doubt is the standard, his personal feelings will have little place. However, in traffic issues where he deals with infractions and monetary penalties (vs jail time), he will and should use his own experiences to help decide issues. Generally they side with the officers since there is no profit in their testifying untruthfully. In fact, in most cases, the behavior is not even a close judgement call. I have watched people testify in cases where they swear they were inside the crosswalk when the light changed, however intersection cameras show they were a full car length out in the intersection when it changed. The officer almost always has the observer advantage in such cases and the judge knows that.

My best advice is to appear, give your side of the story and let the system run its course. :beer:
 

untouchable_svt

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SCcobra4me said:
Had the same thing happen bro, went through a yellow, pulled me over for running a red. It's your word against their's so guess who'll win, you don't even stand a chance. Pay the fine, you won't win. BS ain't it. Next time you see a LEO behind you and the light turns yellow, slam on the breaks!!!

That is not a good thing to do trust me!!! ;-) I got pulled over for exsive braking. Mind the spelling. Your damned if you run it and damned if you hit the brakes.
 

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