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CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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After class yesterday I was pulled over for "prohibited turn

Customer Question

After class yesterday I was pulled over for "prohibited turn on red".
For the past five years since attending college I have taken the same route. Just recently there has been new construction projects. The intersection in which I made a right turn on red, has never been "No turn on red" it has just changed within the last week, because the sign that was there last week said "one way only" when turning right.
When the officer pulled me over, he asked if I knew why i was being pulled over i said no. He said you turned on red when there is a no turn on red. He said did you see the sign, in which I did not see the sign. He then stated that many individuals have been over looking the new sign as it just recently changed, because of pedestrian issues. He asked for my information and seen that I had my concealed license, asked if I was carrying, in which I wasn't. He said next time you get pulled over let the officer know you have the license. I knew if I was carrying to let them know, I did not know even if I wasn't carrying to let them know I was licensed. He then took my information and went back to his vehicle.
After returning he gave me a ticket for prohibited turn on red and told me I needed to be careful.
I went back to the same intersection to take pictures. The "no turn on red" is high, and faded out. There is no warning signs that this intersection has recently changed to no turn on red, and there is only one sign stating no turn on red. The sign is only visible once you are directly under it. Yet on the opposite of the street if I was to turn left, there are three signs that state no turn on red. But on opposite side when turning right there is only one sign. Most people are going to turn right on red then left on red, so the side I was on needs more signs especially for those who have driven that way for years.
I have not had any tickets in the last 20 years or more, no points, I follow the laws. I felt this officer could of gave me a warning as he stated many individuals have been missing the new sign. I know with the police issues lately, I want to think the officer was being fair, but the officer was black and I am white, and I was driving my mothers nice car, this could be considered racial profiling as he could of thought well she can afford to pay this ticket, and she's white, she has no points, because the two vehicles in front of me turned on red as well, but he didn't ticket them. If I would of been aware of this change I wouldn't of made a turn on red.
I would like to fight this ticket, besides the officer not showing up, do I have a chance of getting the ticket dropped, as it is 2 points on towards my license.
Submitted: 2 months ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn that you were pulled over.

You can fight the ticket if you like, based on what you posted you can try using photographs of the actual intersection (many judges are dissatisfied with obscured and faded signs that do not adequately alert motorists. (Why they placed a faded sign for a new traffic indicator is a possible argument).

The other issues you raise probably aren't going to help your case (I certainly wouldn't advise bringing race into your traffic matter).

Traffic court is a two step process, the first appearance is simply to allow you to plead not guilty, and the officer is not required to be present.

The officer will come to the second appearance.

If the court does cite you for the violation, you can usually qualify for traffic school (you say that you do not have any other citations), and this will deal with the points on your license. (Make sure to ask for the traffic school option).

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