Didn't run the red, cop says I did

[cchongkit]

Hi, I posted my situation on another site, but hoping for more answers here:

Hi, I live in the Bay Area, CA, & here's my scenario:

@ ~10pm on a Sat I was coming off a 45mph zone downhill (going pretty close to the limit, maybe 47) & was approaching an traffic light intersection where the limit is 30mph. I was already slowing down & the dreaded yellow beast appeared when I was in the "dilemma zone" of 3 car lengths from the limit line. I relied on my judgement & decided the safest course of action was to continue. I kept an eye on the light & it was perhaps 3/4 the up the height of my windshield before it went red, indicating to me I was "safe". I did notice the police cruiser in the opposing intersection, but wasn't worried about it since I felt it was a legal crossing.

within 300 yards I made a right turn onto another major street (had full green, so no slowing down) & drove up a 1/3 mile block at the speed limit of 40mph & got ready to make my next left turn. I then noticed a car blazing up to me & pulled in behind me at the left turn lane. When the right turn arrow went green the cop turned on his lights to pull me over.

I didn't admit to anything other than a concise version of my above statements. He stated I also was speeding which baffled me. Questioning him (politely), he replied that his top speed on his speedo was 45mph on the street on which he was catching up to me (which I'm sure he lost sight of me).

Too late for a short story, but I timed the yellow interval at exactly 3 seconds, but the traffic survey says the 85th % approach speed is 37mph, requiring the light interval to be ~3.7seconds by the CA DOT & Federal DOT.

I plan to argue on the following points:

1) I've been a safe drive for >14 years as indicated by my A++ rating from my insurance (& that my wife complains I drive like a grandpa).
2) The red light can't be enforced since the yellow interval isn't set to the 85th percentile speed standard.

I'll leave it at that if the judge thinks its enough, but follow up with questioning the officer that:
3) He didn't have a clear & unobstructed view of the subject vehicle at all times & can't say what make/model the other vehicles were just ahead of me.
4) he practiced bad judgement that night since he assumed I was speeding at 45mph when he was catching up to me, even though he *was* being "nice" & didn't cite that. I may be able to show in a photo he didn't have a clear unubstructed view of the limit line & my traffic light (it was dark), but I have to go take some pictures.

I know I was long winded, but I needed to give the full scenario & really want to get a feel for if I have a case, or wasting my time (& point). You lawyers/officers out there, please tear my case apart as best you can, you know the judge will!

Thanks!
Chris

You didn't make a long story short. You gave many details, and I'm not sure if you're aware of this but they are contradicting.

You admit you were speeding (47 in a 45 is speeding, by a legal standpoint and a police officer can, if they want to be really technical and anal, ticket you for going even 1 mile over the speed limit). You later say when he told you you were speeding, it baffled you and you questioned him, yet in your beginning sentences you admitted you were going around 47 in a 45 zone.

Secondly, yellow lights are warnings that the light is about to turn red. They are not put in place so people can race through them before they turn red. So he was in the right. Going through it at all when you saw that it was clearly yellow was a traffic violation. It matters not what second interval it was timed at. Everyone who has a driver's license knows yellow lights mean the light it about to turn red and to slow down and stop, NOT race through. People get killed that way every day.

You can shimmy and squirm all you want, but with your own admission, you were busted for traffic violations that you yourself admit committing.

Right now you feel indignant because you feel you have an excellent driving record. That may be so, but having an excellent driving record doesn't mean anything other than you've been lucky enough to never have gotten caught for previous traffic violations, and believe me, everyone, even the most "perfect" drivers make them. The judge won't be overly impressed with that argument. Your insurance agency is not the authority on your driving record. They are simply going by a financial standard they have in place that gives them an idea who should pay what for premiums. So that information will not hold water in court either.

Saying the officer "practiced bad judgment" is another statement that won't win you points in front of a judge, as you yourself practiced bad judgment by racing the yellow light and speeding. The judge will laugh you out of the courtroom if you accuse the officer, who appears to have correctly done his job, of "practicing poor judgment".

It's time to put your pride on the shelf. Everyone has to make mistakes sometime in their lives and this time you simply got caught doing what you've probably done thousands upon thousands of times before.

Suck it up and pay the fine. Be done with it.

I agree. You yourself admitted you were going 47mph and "already slowing down," so when you went through the light you probably unconsciously sped up a few mph, and since at that point the speed limit was 30mph, you probably were in fact, going 45 mph.

It's really not worth the effort I assume you're putting into this. If you have a perfect record, then it really shouldn't be a big deal at all, it's not like it's even a huge fine.

Or, if you really care that much for whatever reason, just get a lawyer to take care of it. I've gotten at least 5 tickets before and I just send them to my lawyer and he makes them disappear. (granted he is my friend and does it for free, but it's really no effort for them to do that, so if you know anyone, just give it to them.)

But really, it's such a waste of your time and effort to go to court and argue a weak argument about running a red light.
Even if you do have a good argument, the judge will still probably be super pissed at you for taking up his time with something so trivial, unless the cop was doing something horribly and obviously wrong that needed to be addressed.
Just pay the fine.