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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 552
Experience:  Private practice
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Traffic violation, code 21802A in California

Customer Question

Traffic violation, code 21802A in California
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What can I answer for you in regards ***** ***** please?

Customer: replied 9 months ago.
I would like to state some information about my character before I start explaining the events on that day.This is my first encounter with a traffic court in my life.
I have my driving license since the age of 17ys and in my now 29 years I have always obeyed every law, I have not even received a parking ticket in my life.
I am fortune enough to say that I lived and drove in different countries and I am cautions driver who always inform myself of the current traffic laws and obey them. I do not put myself in dangerous situation nor do I provoke them.About the case, I would like to state the events from my point of view - showing poster.On this sunny day I arrived into Debra Avenue very cautious since it was a school day and around 8am when most schools start. I experienced before some kids running towards the school or parents dropping off their kids in the middle of the street to get to school on time and therefore I was even more aware of my surroundings on this day.I approached Debra Ave. and stopped fully at the stop sign, I looked to my left, right, left – due to the fence on my right which created a bit of a blind spot I looked again, (the only car I noticed was a parked car facing me to the end of the street due to the sun reflection) and therefore I approached at less than 10mph to cross the street. As I was halfway through the cross road, I noticed on my right –out of the blue- the police officer. I raised my right hand to signal that I saw him. He somehow made himself noticeable for me to stop the vehicle and since there was a parked car in front of me, I turned left into***** my residential home.Since I read at the recommendations of my embassy to not leave your car at any circumstances or make any sudden moves, I stayed with my hands on the wheal and was very nervous and even afraid since we hear horror stories of shootings and in my home country we do not have these recommendations.The police officer parked at the street and approached me and asked if I knew why he stopped me. I do not recall my answer fully, just the fact that I said to him that I fully stopped and I just did not see him. At that moment, I did remember seeing similar events happening and responded that I would recommend a 4-way- stop sign since in this residential most streets have all way stop sign. I handed him my driver license, insurance and car papers and later my passport.He read his handwriting and handed me the traffic ticket, which I signed and informed me about the possible court day. After that I stayed very shocked for more than five minutes in the car and then entered home. The next day, I woke up early to take these pictures at the similar time frame and wrote everything I recall from that day.I would like to argue that due to the circumstances like the fence, sun it was not possible for me to see the police officer approaching and therefore, I could have not prevented this. Even the moment I saw the driver on my right, I was more than half way through (more than 3 o’clock from my perspective) and stopping would have not helped me, instead I was forced to proceed the crossing.
how I can argue best to get my case dismissed?
Expert:  Ely replied 9 months ago.

I am going to opt out of your question and open this up for other experts.

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There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck.

Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What was the actual charge?

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