shadowman

iTrader: (2)

I was making a right turn onto Dixon Landing from Warm Springs Blvds... the light was yellow and I was around the cross walk area. It turns red and I got pulled over. What a sad day to start? I really hate Milpitas cops... I would've gotten away with that in other cities.

Basically this is gonna cost me $500 or so for red light violation.

I am going to bring this up in traffic court and hope the judge will give some sympathy or lower fine. It's not like I intentionally ran the red... it's not like the light was already red to begin with. I always stop at red lights before making right turns.

Plus this is kind of gray... during the yellow if my front tires were in the intersection, then I would be scott free. Or do the use the rear of bumper to determine? Because, red light means you connect enter the intersection.

Any suggestions? Also, would I be allowed to go traffic school if I lose?

brociouz

iTrader: (65)

Yikes, sorry to hear about this Paul. Nothing ruins a day quite like a traffic ticket.

From what I remember, you have to be completely out of the intersection by the time the light turns red, but I could be wrong.

I've seen stories about this exact type of red light violation ticket (on a right turn) come up in the local news. It is BS. Turning right on yellow is not the same thing as gunning it through a solid red light.

GS300ToM

iTrader: (32)

Now is the time to be fighting your traffic violation tickets people! Judges are dropping cases cuz the city stopped payin the da services n cops r not showin up, take advantage!

AznJason

iTrader: (5)

from DMV Handbook

Last time I had to go to traffic school (in person), the rule is you need to be in the intersection before it's red, not out. Sounds like you did that. Wonder what the citation was for (vehicle code).

RMMGS4

iTrader: (5)

Shadowman, let me check with my Milpitas PD resources and see what the ruling is. So where do you think the position of you car was as the light turned red? Did you see it go red or you just know it was yellow as you turned in?

What was your speed in the turn?

Were there any pedestrians standing at either your corner or the opposite corner?

Also do you know where the officer was positioned in relation to the corner?

Be prepared to give detailed information like this if you go in front of the judge. The more sure you are about the details and the preciseness of your information.

Watch judge Judy and tell me if you are prepared to deal with a judge like her. She reviewed a traffic issue the other day and found holes throughout the explanation which basically demonstrated that the less detail you REALLY know the less credibility you have with your excuse.

Its all about showing how competent you are with your explanation, as it is the officers expertise that you are challenging.

shadowman

iTrader: (2)

Thanks people.

So where do you think the position of you car was as the light turned red? Did you see it go red or you just know it was yellow as you turned in?

= My car was at the cross walk for sure on yellow as approaching intersection. I think even my front tires passed the second cross walk line before it turned red.

What was your speed in the turn?
= less than 15 MPH since there was traffic and Prius in front of me

Were there any pedestrians standing at either your corner or the opposite corner?
= No Pedestrians

Also do you know where the officer was positioned in relation to the corner?
= I'm not sure... I think he came up from behind. I did not see him in front.

92 SC400

I think Milpitas PD requires the officer to show up in court if a ticket is being contested so I probably would not count on that happening with MPD...

510sc

damnn dude thats some bull....and they was planning to have a sc meet in milpitas...i feel paranoid now going to the sc meet....good luck with the ticket bro..fight it to the end maybe the cop wont show up to court.

RMMGS4

iTrader: (5)

Milpitas Ranch is regularly policed, especially at night when there's an obvious grouping of cars with no appearance of patronizing a business nearby. You need to be at like In n out and bring your food out there by your cars, so they can see you are customers and not just out there to loiter.

Sffd103

iTrader: (16)

Sorry to hear the bad news. He may have heard you gun your exhaust at the light and picked on you.( LOL) I hope all goes well in court, but you may attend traffic school if you haven't been in 18 months. You would still be responsible for the fine or the reduced amount and the price of driver's school. Good luck buddy!

Rush350

iTrader: (7)

How quickly did you get pulled over after you made the right turn? From the sounds of it, the cop may have been going the same direction you where about to go with his traffic light turning green right after your red.

I see these cops sometimes looking down onto their computer then looking up and all they see is their green light and your car making the last portion of your turn. Then they assume you ran the red. Sucks.

Micaiah

When I was training I was informed that in order for a violation to be issued, the car must be completely over the halfway point of the intersection when the light TURNS red.

I know there were no peds in this case but for future reference FYI you can also get a ticket if a pedestrian is one toe in the crosswalk. Your tire cannot go over and into the crosswalk if any part of the ped is in it. And yes, that means they have to be on the sidewalk before you proceed through it.

As for court, you will be sent a notice stating your fine. You have a choice to take your case to court and on the notice sent there will be a location where to show up. At the proceeding you will simply be asked if you plead guilty, not guilty or no contest.

- Pleading guilty you pay your fine and be done with it - but you will have a point on your record as well as a risk for higher insurance premiums.

- Pleading not guilty you will get another date to show up and the issuing officer will be subpoenaed - usually he will be VERY prepared so be careful if you choose this way. Pleading not guilty will also forfeit your chance for a reduced fine and/or traffic school.

- Pleading no contest (guilty but not to the extent that was stated) will allow you traffic school and a reduced fine if applicable.

shadowman

iTrader: (2)

Thanks Siu and everyone!

It's pretty tough go against the word of a cop. Like I said, the light was still yellow while I was on the cross walk. It immediately turned red and half my car was already in the intersection.

I guess I will plead no contest...

Word advice, be careful around Milpitas. On my way home, I saw 2 other people got busted on Dixon Landing Rd. =( My sis also mentioned that they profile nice cars because the victims can afford the ticket.

@ Sffd103 - Tanabe didn't help me I thought I was in stealth mode.

/209JOHN\

iTrader: (5)

^ LOL ... I bet "membership has it's benefits". (Mr. special plates)

^ there it is, you've got your 3 choices.... (good info)

Myself, I usually plead "no contest" and do the online traffic court and the judge usually reduces the fine. It's costly at first, but better in the long run.

memasterac

If your front end of car enters the intersection (defines as the stop line or inner line of the cross walk) during the yellow interval, you should not be getting a red light running ticket. Whether the judge wants to believe you or the cop is the grey area you should work on to win the case...