My question involves a traffic ticket from the state of: California
Intersection of Reseda Blvd and North Bound 101 fwy exit : https://maps.google.com/maps?q=5600+...gl=us&t=h&z=16
RT Turn made on posted no turn on Red, between the hours of 3-7pm. Time of Ticket 3:55pm.
There was a large truck blocking the sign across the intersection going the opposite direction.
There is a sign that I observed after revisiting the intersection later, posted to the right, well behind where any vehicle could see it stopped at the intersection.
I just moved to the area and this is the first time exiting the freeway there. I have although driven the other direction multiple times on reseda and saw this cop pull over 2 other drivers after this intersection, seems this is a nice spot to wait for infractions
Any help with a case for trial by declaration is appreciated, thank you!
here is my written trial:
I respectfully XXXXX XXXXX written declaration to the Court pursuant to the court. I plead Not Guilty to the charge of violating CVC 22101.
There were multiple factors preventing me from viewing the sign posted. Being in a low car, it was difficult to see the sign across the street. Additionally, there was a large truck on the opposite side of the street preventing me from having a clear view of the post.
At 3:55pm, there was heavy traffic on both sides of the street. This area and street is unfamiliar to me, and with cars blocking the intersection and the sign being blocked, it’s easy to get pulled over from an officer who is waiting for those to make that mistake.
The Officer (cannot read his writing for his name) Serial #33694 was parked, waiting for those to make that right turn. Additionally, there were many cars blocking the intersection, making the sign more difficult to decipher. With the bright sun and glare, the blocked signs, I believe this infraction cannot stand as being violated with the other extraneous circumstances.
I believe that it is clear that a mere referral on the officer’s part to a sign, which refers to 22101 (D), which itself refers to “Regulation of turns at intersections,” should not be enough to sustain a conviction in this case.
The hard to see sign during that time is not enough; there must be some other law or effort by the local municipalities to help create a more transparent and organized driving experience at that off-ramp and street.
The movement I made onto reseda blvd must be clearer to be called illegal. With the traffic climate at that hour and glare on the signs, it’s a perfect opportunity for an officer to trap drivers and write them an infraction. Furthermore, without the officer providing the Court the specific code section or local ordinance he believes I allegedly violated, a conviction in this case is not supported by the law.
I ask the Officer to indicate why the illegal blocking of an intersection would not make it difficult to see the posted signs for a driver. The laws should hold a higher standard for ensuring the grater good is protected, rather than having an Officer stake out waiting for drivers to make a mistake that is inevitable at that location and time of day.
I ask the Court to dismiss my citation
in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.