Red light ticket-Should I Fight it???

[FerrariTruck]

So I got a red light ticket like a month ago from the CHP. This is how it went down. I was going down street about 45mph(speed limit is 35 or 40) in the truck and there are 2 consecutive lights within 50 ft each other before the next green light to hop on the freeway. I ran thru the first one while it was green and the other had just turn yellow I think. Well the light turned red after I already had my front tires in the intersection. At the same time I glanced at the only traffic which was on my left and there was a chp second in line from the front. I knew right away he was gonna come after me so I jumped on the freeway wasting no time. I got up to speed quick thinking if he didnt throw his lights or see how fast I was going now he cant ticket me! I blaze it at safe speeds and hop on the next freeway which was a bridge that goes over the freeway. As I was coming down the bridge on to the freeway with the rest of the cars the traffic was pretty heavy and i noticed a chp turn on his lights and start swerving to slow the traffic down. I'm like great, but oh well I'll blend in here. Thats when chopper comes down the freeway with the light on scanning the freeway. As soon he got over me he left it on me. I kindly exit the freeway on the next exit only to have the original chp follow me out. As I wait at the light I see he's talking on his radio, as soon as the light turns green he lights me up. I pull over and he comes up to me with biggest attitude. He ask for all my stuff and snathches it out of my hand. I'm thinking what a prick. as he looks at it for a second I noticed he was leaning on my truck and just to be prick myself I ask him to not lean on my truck. He gets of and goes to his car and comes back with the red light ticket. I didnt ask a single question, I just signed and took the ticket.

Now, since I have a court date coming up. I think I wanna fight the ticket. However, I want to know what kind of chance I have of winning this.
I have a clean record and i'm barely affording insurance as it is on both the truck and the bike. Anyone know somewhere I can go to get info on fighting this. I dont have the money for a lawyer so I wanna do it myself

[IC Kyle B]

Not much of a chance. If you are in the intersection when it is red it's (technically) a ticket. This is how both Iowa and Nebraska are, I am assuming California is no different. If you really want out that bad find a technicality or hire an attorney.

[MikeD993]

No, in CA you just have to enter the intersection before it turns red, pass the cross walk or stop line. However your saying that your front wheel just entered the intersection. Hes going to say it just turned red before you entered and at that speed you were traveling you cant tell when the light turned.

You dont have enough to go on and I'd def leave the rest of your story out if your going to fight it.

[mxracer95]

Get your 60-day extension, then do a trial by declaration. If you lose, do a trial de novo. If he actually shows up, have a good defense prepared. Take pictures of the intersection and try to show that it wasn't possible from his position behind another car to see exactly when the light went red and exactly where your front tires were at that point. Get him to say that it wasn't possible for his eyes and head to be turned to see the light change to red AND see where your front tires were at the same time. If you get him to say something like that, and you state that you had crossed the limit line before it turned red, you're good to go. Even if you lose, you could appeal it and probably win.

MikeD is correct. If any part of your car has entered the intersection before the light turns red, you are ok and are supposed to continue through.

[SinisterR6]

Well i only see one defense..."Your honor with all due respect, I operate a pickup truck and if i were to attempt to stop then i would have ended up in a middle of the intersection...I wasn't speeding and i was being as safe and courtious ( sp? ) as possible..."

CHP guys usually have it in pretty with judges so it will be a tough cookie...

[Bruizza]

It is going to be tough to win in court because it is your word against his.

[dazhahs23]

While your behavior after the red light could have resulted in additional problems, especially since a chopper became involved, I think you can still fight the red light ticket.

I am assuming your citation is for CVC 21453...if this is the case, you simply need to prove in court that the officer could not meet the criteria for the citation, as he was unable to view the "limit line." As you said, the officer was the second vehicle from the front when you went through the light, so not only could he not see your red light, he could also not view the "limit line."

Plead not guilty and then in court, spend your time cross-examining the officer to get him to state that he was the second vehicle, that he couldn't see your light, that he couldn't see the limit line (use pictures from his viewpoint, if possible), and then ask for a dismissal based on these issues, as his testimony is insufficient to warrant a finding under the statute he used for citing you. CVC 21453 specificall states that:

"A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown..."

The biggest issue here is that your cross-examination skills need to be good enough to get the officer to provide information proving that he had no ability to meet the criteria noted above. Good luck...


Edit:
I guess I should have read MXRacer's reply, as he already stated what I have said above...I agree with his post

[R6MenG]

FIGHT IT! i got caught in Montebello, with at an intersetion that had a camera. If the cop doesnt show up you win. if he shows up, the previous posts were great defenses. Like they said, the officer has no proof or HARD evidence to say that you ran the red light. Once you pass that first line in the crosswalk, you are considered, "in the intersection" Good luck.

Edit. my case was dismissed, and all i said was, "i was already in the intersection when the light turned red" The officer who witnessed the photos even offered to show the pictures to the judge , but the judge passed and dismissed the case.

[wreckedredyam01r6]

If your entire vehicle was not over the line you were still entering the intersection on a red light. Are camaras record 30 sec back once activated, so its possible the whole thing may have been recorded.

[03R6nCobra]

They broke out a chopper to follow you with a spotlight for running a red light?!?! Tax dollars at work I guess. Might as well go to court and plead your case with everyones suggestions above. You have nothing to lose, worse case situation is you pay the fine for running the light. I know in MD if you are caught by a camera, it's only a small fine, there are no points which would affect insurance. I would assume it's the same punishment if a police officer pulls you over for it.