回複：回複：回複：懇請律師指教,罰款是$436

Read 這個資料
http://www.highwayrobbery.net/redlightcamsticket.htm#NotMe


在此同時,不論如何您應該要求借車的人以書麵聲明她在什麼時候借您的車,同時聲明您在這段時間對車沒有控製權,(是否需要說明是誰在駕車是對方的自由),重要的是對方需要證明當時開車的不是您.然後依據下麵資料中的程序與建議去處理.

http://freelegaladvice.wordpress.com/2008/08/03/california-red-light-cameras-trial-by-declaration-on-line-traffic-school/

Trial by Declaration

California has a procedure called Trial by Declaration, which you might want to try. Using this procedure, you can submit your side of the case to the court by written declaration.

At the bottom of this post are links to the forms you need to submit a Trial by Declaration. The first two are the ones you will need to submit your request. The last two are for use if it becomes necessary to request a new trial after the first result is unsatisfactory.

Use of the trial by declaration, rather than simply paying the fine, will at least give you the chance to present mitigating factors to the court. Two are readily apparent — one, the “urgency” of the situation, which is certainly understandable; and two, that even though you did go through a red light, you created no danger because there were no other vehicles in the vicinity.

It is unlikely that either will convince the judge to find you not guilty (the urgency of your situation probably does not rise to the level of a “necessity” defense, which works only when breaking the law is necessary to prevent some greater harm). But, if may convince the court to impose a lesser fine than the standard $390.

The California red light laws are in Vehicle Code section 21453, which is at:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21450-21468

Circular Red or Red Arrow
21453. (a) 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, except as provided in subdivision (b).

(b) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.

(c) A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly 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 permitting movement is shown.

(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.


The California Judicial Council forms for a Trial by Declaration are located at:

http://www.courtinfo.ca.gov/forms/documents/tr200.pdf

http://www.courtinfo.ca.gov/forms/fillable/tr205.pdf

http://www.courtinfo.ca.gov/forms/fillable/tr220.pdf

http://www.courtinfo.ca.gov/forms/fillable/tr225.pdf

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• 回複：回複：回複：回複：懇請律師指教,罰款是$436 -noise- ♂ (20 bytes) () 08/07/2009 postreply 09:02:50