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I have a red light traffic ticket and I am not sure how to…

Customer Question
Hello. I have a...

Hello. I have a red light traffic ticket and I am not sure how to word the trial by declaration. I believe the camera was wrong and there was very few seconds of yellow light. It is nearly impossible to cross the road if there is another car in front of you with out getting in a car accident.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Do you need to appear in court?

On Wednesday but I wnat to file the trial by written declaration

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that’s all

Submitted: 1 month ago.Category: Traffic Law
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Customer reply replied 1 month ago
I received a ticket with my picture in the mail. It clearly shows my picture.
Answered in 52 minutes by:
6/11/2018
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Traffic Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Unfortunately, we wouldn't be able to write the trial by declaration for you; however, we can provide answer to your questions that you have about the process and offer suggestions that you can use to help.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
That day I was driving and the light was yellow as I was turning and it quickly turned red but it was too sudden for me to make a stop. If I would’ve stopped I would’ve caused a car accident. What can I phrase from that statement in relation to a law or old case? For example, I believe it’s a safety issue and I would need to state some old case that agrees or something? I’m just not sure what to state in the written statement. Is there something I should NOT include? Or not say ?
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks for writing me back. I think what you're trying to do is suggest to the judge that there is a public safety issue that must be determine before you are found in violation of the vehicle code. What you could say is that the vehicle code you allegedly violated is meant to keep the public safe at red lights. You could also say that just the physical nature of your vehicle, which weighs probably nearly one ton, means that its sudden and abrupt stop may save the lives of those crossing the intersection, but is almost more surely going to risk the lives of those behind you.

If you have any description of the vehicle behind you, that will help you with your case.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
I guess my biggest concern was to stop immediately and it would make me stop at the interaction but there was incoming traffic coming right after that light turned green. If I brake and decide to reverse, it would cause a car accident. The light was to quick to turn red and I didn’t have enough time to make a decision: either to brake abruptly or keep going. I just really don’t want this on my driving Record as I can get I trouble at work. Plus I was on my way to take a final at the university when this happened and it really affected me that day. :/
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

I can certainly understand. I would try to go with the public safety angle first and then explain how this may impact you personally. This will make a big difference.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 1 month ago
Should I explain how I was on my way to class and then how this is such a public safety issue. But how will that declare me as not guilty? What statement can I say so I can state I am not guilty?
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

I think you could explain you were on your way to class, but focus more on the fact that you're a student and that the punishment may cause more harm than good. It'll help appeal to the judge personally without making it the star of the show. There's nothing definitive that will absolutely get you off. No one would be able to do that; however, if you follow my suggestions, it'll make a big difference.

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Customer reply replied 1 month ago
Do you think I should stick to the previous statement or can I send the following instead?
I plead not guilty to the Court pursuant to VC 21453(a). The state must prove that the driver is in fact me. Based on the photos I received that are fuzzy, the driver is not identifiable. The state cannot prove beyond a reasonable doubt that I was the one driving.Also, according to VC 21455.5 (c)(2)(C), the state must show that the traffic equipment was in compliance with these standards below. If the state fails to provide this information about the equipment, then the state has not proved its case beyond a reasonable doubt.(A) Establishing guidelines for the selection of a location. Prior to installing an automated traffic enforcement system after January 1, 2013, the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety.(B) Ensuring that the equipment is regularly inspected.(C) Certifying that the equipment is properly installed and calibrated, and is operating properly.(D) Regularly inspecting and maintaining warning signs placed under paragraph (1) of subdivision (a).(E) Overseeing the establishment or change of signal phases and the timing thereof.(F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators.I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.Respectfully,
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

You could send that. But I also think you should include what we discussed earlier as a part of it.

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Customer reply replied 1 month ago
Ok. I am just add to it and say that I am a student and this will cause more harm than good? But I feel like if I include all the other information they probably think I’m saying I’m guilty ? Do you think maybe at the end of this I can just add that I am a full-time student and this ticket is very expensive and it will cause more harm than good?
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

I think you should start with a statement of facts of the situation, put down the vehicle code that you are being alleged with violating, then put down the reasons why you shouldn't be found liable such as the fact the photo is blurry, the fact that you were acting safely by going through the light, and that you're a student and that this wouldn't serve any good to find you in violation. Does that make sense?

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