Bicyclists and Red Light Cameras –blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets.

Most bicyclists are not aware that the motor vehicle code applies to them since they are not technically driving a motor vehicle. “Motor vehicle” would normally not be expected to include a device moved exclusively by human power.

Bicyclists however can be cited for a red light ticket under the California Vehicle Code due to the fact that by statute every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division.

Although a bicyclist could technically be ticketed by Red Light Camera, there is the sheer fact that bicycles do not have a plate on them so the driver of the bicycle cannot be tracked.

State Assemblyman Michael Den Dekker in New York has introduced legislation that, poses the idea of requiring all bicycles to have a license plate, and placing cameras in the bike lanes, so that when a bicycle goes through a red light, they could be tracked down and issued a ticket essentially like registered owners of cars are tracked down and issued a ticket.

There doesn’t appear to be any similar pending legislation in California like that in New York, however bicyclists in California do face hefty fines if ticketed by an officer (though no demerit points to their motor vehicle driving record). –  blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets. 

If you get cited for a red light photo ticket, contact us at www.staging-vadusuxe.kinsta.cloud or call us at (800) 850-8038.

Unusual Practice Used by Sacramento Superior Court for Those Wanting to Contest a Red Light Camera Ticket in Writing –blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets.  Blog also submitted to photoenforced.com

In California, anyone who receives a ticket for a traffic infraction can have the option to fight the ticket without going to court through a process called a Trial by Written Declaration. This is authorized by the California Vehicle Code, under section 40902 (a) (1). For those who receive a red light camera ticket, contesting the ticket through mail is a lot more appealing then showing up in person in court where there is an officer  with a binder from the camera company who will testify on the workings of the red light camera.

When a person contacts a court to request a Trial by Declaration, the court will send you the necessary state approved forms for a Trial by Written Declaration (TR-205) and instructions.  However if your red light camera ticket is filed with the Superior Court of Sacramento, this court tries to make it more difficult for you to contest your red light ticket with a Trial by Declaration.

The Sacramento Superior Court has a local form called a “Red Light Camera Statement of Identification” which states that “Without admitting guilt, I stipulate that I was the driver of the vehicle pictured in the automated enforcement photograph”. The form itself does not state anywhere that it is mandatory it be filled out, and in fact the court website even only states,  “…please complete the Red Light Camera Statement of Identification” (notice the use of the word please instead of must).  However, if you don’t complete this you could receive a notice of non compliance or ineligibility after filing your Trial by Declaration paperwork and be dropped from the courts Trial by Declaration Calendar.

If you are not allowed to proceed with a Trial by Declaration then your only option is a court trial (outside of just paying the fine and accepting the points going on your record). But what if it is not convenient for you to appear in court because of your work schedule or the distance you live from the court? What if you were not the driver, but do not know who the driver is or you do know who the driver is but don’t want to turn them in? Should you be prevented from using a Trial by Declaration simply because you cannot state under penalty of perjury that you were the driver?

With this unusual practice, the court is essentially saying that in order to avoid being dropped from the Trial by Declaration calendar, you must at least stipulate to one of the elements of the crime (identity – being the driver) which is an element that is supposed to be proved by the police department issuing the ticket, or your case will not be adjudicated (at least not by Trial by Declaration to which you have a right to contest your ticket by under 40902 (a) (1)). This unusual (dare say unfair or unjust) practice has been in use for some time and those who are concerned about the matter might consider writing to or calling the head judge in Sacramento or the head office for all California courts in San Francisco. –  blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets. 

If you get cited for a red light photo ticket, contact us at www.staging-vadusuxe.kinsta.cloud or call us at (800) 850-8038.  For Spanish call (818) 584-3689.  For more information on how TicketBust can help to beat your cell phone ticket call (800) 850-8038.

Improper Right or Left Turn on Green Light Can Result in Camera Ticket – Submitted – blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets.  blog also subitted to Photoenforced.com

Although there has been talk in California about allowing traffic camera enforcement to be used for speeding, it is not yet allowed. What is allowed is red light camera enforcement of course, but also the automated enforcement of certain turns made at an intersection.

The California Vehicle Code section (40518) authorizing the use of a mailed notice to appear does include violations of 22101 recorded by an automated enforcement system and California Vehicle Code section 22101 does cover violations such as right or left hand turns that are prohibited by signs, disobeying traffic control devices, and other turning movements regulated by signs or marked traffic lanes.

That’s right, you enter the intersection legally on a green light, but you might be making an illegal or improper turn. For that you could still get a surprise ticket mailed to you with a picture of you making that turn and for that you may get a hefty fine. –  blog submitted by staging-vadusuxe.kinsta.cloud, helping drivers contest and dismiss their traffic tickets. 

If you get cited for a red light photo ticket, contact us at www.staging-vadusuxe.kinsta.cloud or call us at (800) 850-8038.  For Spanish, please visit www.Combatesuticket.com or call (818) 584-3689.  For more information on how TicketBust can help to beat your cell phone ticket, visit www.fightcellphonetickets.com or call (800) 850-8038.