I think I have a case to argue with a ticket that I received 10/2020. I have exhausted my extensions and pled not guilty at arraignment.I’m scheduled a court date for 08/11 at OC Westminster Justice.
Ticket violation VC21453(a) = Red or stop violation limit line or x-walk stop.
Details of the violation:
- Busy day with traffic. I was approaching a traffic light to turn right with cars in front of me and behind.
- I have slowed down and stopped to get my turn then slowly and safely turned right.
- 2 motor-officers followed me and one of them gave me a ticket for violation above. Only one officer signed it.
- Officer didn’t know the year or model of the car out of the registration and has the “model” wrong. He asked me about the year, and I told him.
I think I was unfairly given that violation since its typical for going straight through a red light (I’ve asked a traffic attorney and he confirmed). A lesser amount would have been VC21453(d); almost half of the fees.
Details of arraignment:
- I asked the judge to lower the fees and I may consider guilty. He said nope.
- I mentioned to him my financial inability to pay. He said nope.
- I plead NOT guilty and was given a court date to argue my case.
I have 2 questions.
- Can I do TWD before the court date?
- Do I have a case to argue for the wrong violation and either getting lowered or dismissed?
A: Can I do TWD before the court date?
You can ONLY do a Trial by Written Declaration before the court date. So get to it. Directions for how to do a Trial by Written Declaration are here, along with a blank TR-205 form and directions on how to fill it out. Access requires basic registration. The guides are free (sort of) but if you want specific examples, it’s a $25 contribution.
Do I have a case to argue for the wrong violation and either getting lowered or dismissed?
A 21453(a) means you didn’t come to a complete stop at the intersection. You can argue that you did, and that the officers didn’t (or couldn’t) see you come to a complete stop given their position, line of view, etc. There are plenty of examples on that site.
You can ask for a fine reduction and traffic school after you lose your Trial by Written Declaration or after your in-person court trial (the Trial de Novo you may have heard about).