Prove Your Conduct Was “Legally Justified”

You may also successfully argue that your actions were “legally justified” considering the circumstances of your alleged violation. For example, if you were charged with driving too slowly in the left lane, it is a legal defense in all states that you had to slow down to make a lawful left turn. In this situation you do not have to deny that you were driving significantly below the speed limit and causing vehicles behind you to slow down, but you can offer the additional fact that legally justifies your otherwise unlawful action. Such defenses can be very successful because they raise an additional fact or legal point, rather than simply contradicting the officer’s testimony.

Here are a couple of examples of situations in which this defense might work to clear your ticket.

  • You are forced to stop on a freeway because your car has begun to make a loud and dangerous-sounding noise and you fear you would put other drivers in danger if you continued to drive without checking it out.
  • You swerved into the right lane without signaling a lane change to pull over because a hornet flew into your car through your open window.
  • You had sudden and severe chest pain and safely exceeded the posted speed limit to get to the doctor, whose office was only one half-mile away.

These tips have help me win several traffic violations.

 

Its officially over

The Los Angeles City Council has voted to end the Red Light Camera program this Sunday.  The Council found that the program was operating at a loss because only 60% of those ticketed actually paid the fines.  The fine were voluntary so the city did not have much power to enforce them.  So what does that mean to those that paid the fines – can we get a refund?  The answer is no because when we paid those fines, must of us admitted to the violations and then tendered our payments.  So you are out of luck if you paid your fine and now what a refund.  For those of you who did not pay you got luck but that may not stop the collection agency from contacting you.

DUI Requires Breathalyzer

Starting next month, Los Angeles will be one of four counties to require all licensed drivers found guilty of a DUI to have a breathalyzer placed in their vehicles.  If a driver breathes into the breathalyzer and has alcohol on their breath, their car won’t start.  The pilot program will last five years and will track whether or not the devices have an impact in reducing the number of drunk drivers that are repeat offenders.

The cost of the breathalyzer is  $75 for installation and $50 a month for monitoring the system, for low income people. The owner of a breathalyzer company wonders about people that can afford cars and to get drunk, but not the cost of the monitoring system.

For a first offense, a driver must have the breathalyzer lock installed for five months. For a second offender, a year. For a third time offender, two years.

DUI Check Points

The police have reported that they have started conducting sobriety checkpoints to make DUI arrest over this Memorial weekend in the North Hollywood area.

That means that checkpoints will be place at random intersection throughout to the city.  So stay sober, use a designated driver, or take a taxi if you have been drinking.

Enjoy the holiday weekend.

Texting Ban

The Automobile Club of America is reporting that the 15 month old ban on texting while driving is losing its effect.  Driver survey today are texting more and more.  AAA is advocating an increase in the fine from $20 to $100 for the first violation.

Senate Bill 1475 would also impose one point on a motorist’s driving record.  In California, eight points can lead to a suspended license.

Red Light Less Revenue

The cash strapped Los Angeles county has recently noticed that their red light camera program is not generating the revenue that it was originally projected.

The photo enforcement program, which catches tens of thousands of violators annually, appears to be generating about $3.8 million a year in traffic ticket revenue, said Senior Administrative Analyst Matt Crawford. That is millions less than some previous police department estimates, and roughly what the program costs, mostly for fees paid to a private contractor that supplies and operates the camera systems.

The city’s red-light camera program, one of the largest in the nation, has drawn praise from supporters who say it helps efficiently police dangerous intersections, discourages red-light running and frees up patrol officers for other duties. Critics contend the safety benefits are mixed, at best, and the cameras mainly are revenue producing tools for private vendors and state and local governments.

Recent Los Angeles Police Department estimates indicated the cameras produced several million dollars in net revenue in recent years. But those figures were based on the number of citations issued via cameras, multiplied by the city’s potential share of penalties, officials say.

Further analysis has shown the actual revenue the city collects is greatly reduced by, among other things, motorists failing to pay tickets quickly, fines being reduced by judges, and the growing numbers of drivers doing community service in lieu of paying ticket fees that can top $500.

The downsized cash-flow estimates come at a time when the city is considering doubling the number of intersections covered by cameras and putting the program out to a new round of bidding by contractors. How the latest revenue and cost estimates may affect that effort is not yet clear.

Zine, a former LAPD traffic cop, said the cameras cannot add to the city’s budget woes. And, he said, officials need to carefully examine whether the systems are producing significant safety benefits.

A new police department report argues that is the case. Serious injury accidents and potentially dangerous crashes involving red-light running declined at intersections where cameras were activated, the report says. And while five deaths were attributed to red-light violations at the intersections from 2004 through 2006, no such fatalities have been reported since the cameras were activated, the report says.

Photo enforcement “is basically doing what it’s supposed to,” said Lt. Ron Katona.

However, the study’s data presents a complex picture. Comparing the six months before as well as after camera-equipped intersections were activated, total accidents increased 5%. That figure is misleading, the report says, because many incidents were caused by pedestrians, occurred on private property or mid-block or were otherwise not relevant to the photo enforcement program.

Accidents that were deemed to be red-light related dropped 9% across the studied intersections, the report says. Yet at more than a third of the crossings, those accidents increased.

Studies elsewhere have found rear end collisions, which tend to be less serious than broadside collisions caused by red-light violations, increase with photo enforcement because drivers make panic stops to avoid getting tickets.

In Los Angeles, red-light related rear end crashes remained flat at the intersections, the study found, although total rear end accidents rose about 40%.

Zine said his committee would delve deeper into the accident data. But even using the LAPD’s criteria, a 9% reduction in accidents is disappointing, he said. “It doesn’t seem that significant…you should be in the double digits” of 20% to 40% accident reductions, he said.

Increase Ticket Prices

California is looking to its drivings to boost its depleting coffers. The State government is going to look to increase its revenue by raising motor vehicle prices. For example, the ticket for an expired meter in Los Angeles jumped from $40 in 2008 to about $50 last year, and “Fix-it” tickets for minor moving violations such as broken taillights more than doubled.

And officials are now hatching some new ideas to bring in even more money from naughty motorists.

L.A. and other cities are urging the Legislature to allow them to place wheel boots on cars that have as few as three unpaid parking tickets. Currently, the law allows the boot only after a driver accumulates five parking tickets. In L.A. alone, officials estimate the change would help them recover overdue parking citations totaling up to $61 million.

Arnold Schwarzenegger wants cities and counties to install speed sensors on red-light cameras to catch speeding cars. Fines would range from $225 to $325, and state officials estimate the change would generate more than $300 million for the state through the end of 2011.

California is not alone. Government agencies across the country are increasingly boosting parking ticket fees, jacking up the fines for moving violations and looking for other creative ways to make drivers pay more.

Revenue from red-light cameras is also on the rise, doubling in L.A. from $200,000 a month in 2007 to $400,000 a month at the end of 2009, according to estimates prepared by the Los Angeles County Superior Court, which processes ticket payments. The city more than doubled the amount charged for motorists who make rolling right turns against red lights from $156 to $381 in 2008, bringing it in line with other cities.

Additional costs, including traffic school fees, often add to the price drivers pay. Last year, the state increased the fines for traffic tickets and used the proceeds to help renovate courthouses. The changes included a $35 surcharge on traffic tickets.

With California mired in recession and residents unwilling to pay more taxes, focusing on parking and traffic fines is one of relatively few politically palatable ways of raising revenue.

In L.A., the proposal to reduce the number of outstanding tickets before a car is booted comes as officials said they were having trouble collecting parking fines.

About 1.8 million traffic infractions were issued in L.A. County last year, according to the Superior Court, and about 3 million parking tickets are issued each year by the Los Angeles Department of Transportation, a figure that has held steady for several years. About one-quarter of those tickets are for violations during street cleaning and run $60. Many parking violators do not pay their tickets on time.

The current policy of five unpaid tickets is an “overly lenient policy that discourages vehicle owners from paying their parking citations in a timely manner,” according to a report by the LADOT.

The threat of getting the boot after three or four unpaid tickets would make owners more likely to pay their citations, officials said, and also boost city coffers.

L.A. collects $19 million under the current parking code. If the number of unpaid parking citations to garner the boot is reduced to four, the city estimates it would recover nearly $26 million in overdue fines. If it is reduced to three, the change would result in an additional $61 million.

DUI Arrest UP

The California Highway Patrol arrested 71 people in Los Angeles County for DUI on Christmas Eve, more than double last year’s total (of 30).

No one was killed in traffic accidents between 6 p.m. Thursday and 6 a.m. Christmas Day in L.A. County, compared with two deaths in 2008. But the CHP noted a sharp increase in arrests and traffic-related deaths across the state.

Statewide, 246 people were arrested for DUI this Christmas Eve, compared with 167 last year. In 2008, 30 people in Los Angeles County were arrested.