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I am fighting a ticket (making a right turn on a red light without stopping) in San Diego, California. Where can I find specific rules for the following subjects:
1. :any and all Traffic-Enforcer/Enforcement shall and will be 100% visible to all traffic and public (Day/Night) Patrol Vehicle: Street Patrol. (Entrapment)
2. Officer did not have 100%View of Traffic Lights
3. Just because one light is green, the officer cannot assume that the other light is red.

2007-10-19 01:08:27 · 5 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

5 answers

I can assure you that if you made a right turn on red without stopping....you violated the law. It doesn't matter what state...the vehicle code requires you stop all forward motion of a vehicle at a red light.

There is no state with a law requiring police to be 100% visible nor any other percentage. This is NOT an entrapment issue. It is not entrapment if you can't see the police nor if the police "hide" from your view. Entrapment is when you are induced or persuaded by law enforcement officers or their agents to commit a crime that you had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

If the police were to pay you to speed or run a red light or tell you it's OK to commit the offense...then write you a ticket once you did it....that's entrapment!

And finally...yes an officer CAN assume the if his light is green (and you're in the cross traffic) yours is red. The court will not find your argument valid that two opposing lanes of traffic maintain the same signal. It's a matter of "expectation" that the general public believes the same! The only exception would be if the light were electronically controlled by a responding emergency vehicle at a major intersection, however, those light systems will change to red...not green!

It seems to me you are looking for any loophole to get yourself out of a ticket that had you not run the light...you would never have received in the first place.

We all share the same roadways and as such we should all obey the rules of the road to insure everyones safety.

I seriously doubt you will win any argument before the court via the route you're taking!

Best wishes.

2007-10-19 01:59:43 · answer #1 · answered by KC V ™ 7 · 4 1

1. You won't find anything that says an officer conducting traffic enforcement has to be visible to the public. He could hide in a tree if he wanted to and the citation or arrest would still be valid in court. The fact that you couldn't see him is not entrapment. Entrapment would be if the officer waved you through the light and another officer up the street stopped you and cited you for not stopping, even though you were waved through the light.

2. This simply will come down to your testimony against the officer's testimony.

3. Yes, yes he can. Lights are programmed to go into a flashing mode if there is any conflict or malfunction. They stay that way until an engineer fixes the issue.

2007-10-19 02:04:07 · answer #2 · answered by Matt 4 · 1 0

Deffinatly does not have to be 100% visible in any state. Here in PA we have cops in camo gear with radar in the woods running beside some sections of highway that are very notorious for high speed related crashes.

The officer does not need to see all the lights, you can assume if one is green the other is red, they work that way if they dont something is deadly wrong with the system

2007-10-19 04:28:57 · answer #3 · answered by Tom K 2 · 0 0

So according to you when there is a green light on one lane of traffic there might be a yellow light for the other intersecting lane?

please think that through....the officer is not assuming....HE KNOWS.....

an officer never has 100 percent view of traffic lights....as they point in 4 different directions....

entrapment does not apply to 99 percent of the people who believe that it applies to them....you fit right in there.

if you are fighting a ticket....you are losing.

2007-10-19 02:09:36 · answer #4 · answered by TG79 5 · 1 0

bypass to Dmv for the site visitors rules. next combat the fee tag, possibility is the cop wont even take place. next if he does the burden of knowledge is upon him. He in basic terms has the the perfect option of rumour in the arraignment. After that he has to teach his case.

2016-10-13 04:14:57 · answer #5 · answered by ? 4 · 0 0

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