Legal Question in Criminal Law in California

Dispute about running a red light

The officer explained that he was parked at a corner watching people and the traffic because there had been complaints about people running red lights. The officer told me that he pulled me over because I failed to stop at a red light. Though he did not see the red light directly he was watching how the other lights in the intersection changed and concluded that I ran the red light. I told him that I did not think I ran the red light. I had just entered the intersection and had no other choice but to proceed. I also pointed out that the lane to my right which was also a left turn had a car side by side with me and the driver seemed to agree with me in that the driver also went through. The officer claimed he could not see it because of the truck that was in front of it. He maintained his position and gave me a ticket. I intend to challenge this ticket. I just think he was inaccurate in saying I had not yet reached the intersection. I just want to know how traffic violations work. It's basically my word against his word. Does the officer have to prove I'm guilty beyond a reasonable doubt like other crimes? or is the officer always right and his word is enough to convict me?


Asked on 1/27/00, 4:13 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Dispute about running a red light

Nolo Press has an excellent book for defending a traffic ticket. It will provide you will the information you need to properly present your defense.

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Answered on 1/29/00, 12:40 am
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Dispute about running a red light

Your ticket is a traffic infraction that would generally only result in a fine. The offense would of course be reported to the DMV, and go on your driving record; this may affect your insurance rates. Your license may also be suspended if you get numerous violations.

You can be cited for failure to stop if you enter an intersection when the light is red, but as long as your front bumber enters the intersection while the light is yellow, you have not committed the offense. Vehicle code sections 22450, 22351.

You have several options for dealing with an infraction citation. You can: pay the fine; go to traffic school and pay the fine ( if you do this the offense will not go on your DMV record); plead "guilty with an explanation" at an informal hearing or arraignment and hope that the judge will give you a smaller fine, or plead not guilty and fight the ticket.

If you choose to plead not guilty you can of course hire an attorney to handle it for you, or attempt to defend yourself. If you choose to defend yourself you should understand that police officers are considered experts when it comes to traffic offenses. If you intend to challenge the observations of the officer then witnesses would be very helpful. Of course if the officer fails to appear you will win your case unless the court allows the officers notes to be introduced at trial without the officers presence. I sugggest hiring attorney to handle this for you to avoid the potential headaches that regularly arise in traffic trials. Lay people are often unable to get their point across in trial due to a lack of knowledge regarding trial procedure. If you believe you have a winnable case hire a professional to handle it for you.

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Answered on 2/01/00, 5:00 pm


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