Millbrae Red Light Camera Ticket After Being Blinded and Disorientated by the Flash of a different Camera (brake, lane)
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My Recollection:
I was on the right lane head towards the intersection to might a right turn. Light was turning red so I start slowing down to stop at the light. Next thing I know, I got blinded by a flash right in front of my car which caused me to be disorientated for a second. If you look at the Google map, that's the light that went off in the median. I slightly released the brake at that moment and made a slow panic right turn to avoid hitting the median. Next thing I know, I'm already in the intersection. Since I'm already in the intersection, I finished the right turn and I got flashed again. I was seeing stars for awhile after it happened.
Video of Camera:
My car has full brake light slowing down towards the intersection. Two different cars ahead of me crossing the intersection caused a flash at the moment I reached the intersection. My brake light turned off one second and went back on as I made a rolling right turn. I watch the video a few time and it looks like I didn't start the right turn until after the flash. My car made a brake, stutter, brake motion as it made the right turn. Also the 2nd flash that got me running the red was at a different area than the flash that blinded me.
Ticket:
It says that I can request a court trial or trial by declaration which I'm planning to do with the bail. But the bail amount said "SEE COURTESY NOTICE". which I don't really understand as it was one page.
My Question:
To my knowledge, the flash and the red light camera is behind you, and that camera is the source of my pictures and video. I want to do trial by declaration to argue that the first flash impeded my ability stop at the intersection and caused me to do a evasive turn. Do I have case?
Google "Fighting red light camera ticket". They are illegal in California but they keep using them and collecting the money. I got one and beat it. The city I got mine in finally had all of theirs removed, more trouble than they are worth..
google and you will find a many companies who will do it for you, less cost than the ticket, and not on your record..
one example; http://catraffictickets.com/?gclid=C...519xoCaSbw_wcB
Don't know about CA RLC but in FL, 40% of revenue collected is from right turns. Legislature tried to pass a bill to outlaw citations for right turn but cities and camera companies and members taking money from camera companies killed the bill.
Depending on which city you are in, will depend on what happens with this.. Some of the cities will make you pay the full amount BEFORE you go to court to fight it.. And then IF you win they will refund the amount minus court costs within 6 weeks...
Also if there is video that shows you made a rolling right turn you are probably not going to win...
You just stated that you violated the law by NOT "coming to a full and complete stop before proceeding once the way is clear". You really want to try a distracted driver defence and add a Driving while distracted charge?? go for it. I am sure the city needs more revenue than what they can collect solely off the camera system.
You have admitted you are guilty of the violation . . . PAY THE DAMN FINE and move on. If a simple Flashing Light caused you to "lose it" then maybe, for the safety of all of us on the road, you should not be driving at all.
I am certain there is an Ambulance Chaser out there more than willing to take your money and represent you, however . . . IS IT WORTH IT?
Chalk it up as a "Lesson Learned" and next time STOP prior to making the Right On Red.
I'm familiar with the intersection, and I will admit the lights are extremely sensitive and flash like crazy at the drop of a hat, even if the line wasn't crossed. That said, you probably just did what you do at every other right turn and rolled it. Your excuse isn't going to hold water. If you have to go that way again, stop before the line and wait a solid full second before you even think about moving again.
I don't know that intersection but I'll bet it was selected for a camera not because of any amount of crashes but because it is a high traffic count intersection and would generate a lot of revenue.
As unbiased and uninterested party as I can be, your reasoning doesn't hold. The only way I'd ever give it an ounce of thought is if you could provide link to a credible study showing that it could be an issue.
Definitely fight it though in fact fight ALL traffic infractions irrespective of "guilt." I fight all mine (via a traffic lawyer) including guilty-as-sin carpool violations and get them all tossed save for one (and I still sailed mostly free via conversion to a non-moving violation).
Calif declared Red Light Camera illegal years ago because it is impossible to question your accuser, which is your constitutional right. That doesn't stop Calif from using the cameras, if you're willing to pay the fine, they're willing to accept the money. That is why the tickets can be beat, not everyone is aware so the money continues to flow...
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