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Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4396
Experience:  Almost 12 years of legal experience
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is there a way to fight an officer issued 21455 violation

Customer Question

is there a way to fight an officer issued 21455 violation?
Submitted: 6 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 6 years ago.
What section of the code are you referring to? Is it a vehicle code violation?
Customer: replied 6 years ago.
yes VC violation. this occurred on a freeway on ramp with two lanes and a sign indicating 1 car per green per lane. a car was waiting in the left lane at the red, while the right lane was clear. the light turned green and the car in the left lane merged into the freeway. i was traveling in the right lane and sped up to make the light. i crossed the line just as the light was changing to red and was pulled over and cited with a 21455 violation. i know i can do a trial by declaration but what is the most viable explanation to get the judge to rule in my favor?
Expert:  Hammer O'Justice replied 6 years ago.
Well, a trial by declaration requires you to sign under penalty of perjury, so you can't say anything other than the truth without putting yourself at further risk. I can't tell you how to lie to make the story more plausible to the judge. From your explanation, I don't know which line you crossed at the time the light turned red. If you crossed the line before the light/intersection when it was already red, then you don't have much of a defense. But if the light was yellow when you proceeded into the intersection and the line you speak of is the one underneath the light, then you can argue that you did not run the red light because it was not red at the time you entered the intersection. You will need to be very clear and concise in your description to the judge as to where your car was in relation to the timing of the light. When you say "line," you have to explain which line you are referring to.

You can also ask the judge if he or she finds you guilty anyway that they at least consider giving you a reduced fine. If you have a good driving record, you can mention that and you will be more likely to get a better outcome. Very few trials by declaration work in the defendant's favor, so having an alternative request may give you a better result than hoping the judge finds you not guilty in the entirety. You can also ask the court to let you go to traffic school to keep the points off of your record (you can usually complete the traffic school online).
Customer: replied 6 years ago.
Relist: Answer quality.
Expert:  Hammer O'Justice replied 6 years ago.
What else do you want to know exactly? I'm sorry that I cannot tell you what you want to hear, but I tried to provide you with alternatives other than blatantly lying to a judge about what happened that would help you mitigate the impact of the ticket.