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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38792
Experience:  Run my own practice.
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My question involves a traffic ticket from the state of: California Intersection

Resolved Question:

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.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry Esquire :

Thank you for your question.

Dimitry Esquire :

Please allow me to assist you this morning. I am reading through your question.

Customer:

thnx

Dimitry Esquire :

I am just going through your points here.

Dimitry Esquire :

Sunglare is not an issue. It is not a legitimate excuse the courts would accept.

Dimitry Esquire :

The fact the sign was blocked and invisible is potentially a good defense if you can prove that was the case.

Dimitry Esquire :

To do so consider taking images or pictures of where the sign was, and how it was blocked.

Customer:

so I can go and take a pic after the fact and that could hold up

Dimitry Esquire :

In addition you cannot state that the infraction 'cannot stand' as it was written--it is their job to evaluate your claims so a tone where you essentially tell them what to do would not likely be taken positively.

Dimitry Esquire :

Sure, you can go back and take images to claim and show that the sign was posted in such a manner that you were unable to see it.

Dimitry Esquire :

Also discussing policy--"there ought to be a law" is also not something they wish to hear. They have no ability to change the laws, merely to enforce them.

Customer:

what else can I focus on to strengthen my defense

Dimitry Esquire :

Making a conclusion that it is a speed trap for police would not be taken positively either. You may want to reword it into stating that the officers were observed by you after giving you this ticket as utilizing the same location for more ticket and more stops, which then could be deduced means that the sign was posted in such a way that the police are aware that it is partially obscured.

Customer:

so i can say i observed the officer after the fact

Dimitry Esquire :

This way it is not a direct attack on the police and makes you appear more of a victim of circumstance

Dimitry Esquire :

right

Dimitry Esquire :

Requesting that this be removed in the interest of justice will also likewise disfavor your petition.

Dimitry Esquire :

Requesting that this be removed based on your facts above AND in the interest of justice is much stronger.

Dimitry Esquire :

Does that make sense?

Customer:

yeah

Customer:

so can you think of any other facts I can throw in there to make this stronger

Customer:

in california officers dont get overtime to return written declarations so Im hoping that plays into this

Dimitry Esquire :

The best fact is that the sign was invisible and/or partially obscured, and that you were not able to see it. If you can provide evidence of that, then th ticket should be removed.

Customer:

ok great

Dimitry Esquire :

That really is your best claim, and I do agree that the officer is less likely to appear.

Dimitry Esquire :

Hope that helps and please let me know if I can assist you further!

Customer:

diitry youve been a pleasure

Customer:

dimitry

Customer:

thanks

Dimitry Esquire :

You are most welcome, truly. I hope this helps you beat this ticket.

Dimitry Esquire :

If you end up having more questions, please feel free to request me by name. I will do my best to help.

Dimitry Esquire :

Please take care and kindly do not forget to positively rate my answers to you at this time. Thank you!

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38792
Experience: Run my own practice.
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Dimitry K., Esq.
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Run my own practice.