My question involves a traffic ticket from the state of: California (Grover Beach, San Luis Obispo County)
Hello. This last Saturday, 10/15/2016, I got a ticket by an opportunist cop in Grover Beach, CA regarding the tail of my stopped car being over the train tracks for twenty or so seconds. I say “opportunist cop” because I suspect this spot is a known area of violation due to the close proximity of the of the RR tracks and the intersection. I saw the same officer giving tickets in the same area after I received mine.
Inserted here is an overhead view with mark-ups. A Google street view is here: http://ift.tt/2ei8OjX
Event: 12:15 PM. Weather was gray with light rain. Many people were on foot due to an automotive event being held in the sand dunes west of the intersection. Traffic was congested. Cones were up. It was chaotic.
While the red, blue and green (me) cars were in motion, sequentially turning right on the red light, the light went green and a sizeable crowd of pedestrians stepped off the curb (blue arrow). All three car’s forward progress suddenly stopped. The blue car in front of me would not move forward so my car could get off the tracks. I sounded my horn, but nothing. We sat for approximately 20 seconds until the pedestrians were gone and all three cars were moving again.
There was a cop parked near the corner. He immediately was behind me. I received a ticket VC 22451(c) [not (a) or (b)]. Note: the RR warning lights were NOT on, and there was no railway activity.
I feel the cop should have given me a courtesy warning because he could see that:
a.) The RR tracks intersect the road at a 15-degree angle, so the turning lane I was in was only large enough for 2.5 average cars.
b.) The car in front of me stopped prematurely and would not move so I could get off the tracks.
c.) It was raining and with the event happening (pedestrians everywhere). It was chaotic. If the RR tracks were such a concern, there should have been police directing traffic.
I know the fine for 22451(a) is very expensive, but I cannot find out much about 22451(c). All I can find is this: “22451(c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.” I cannot tell what Section 40518 means.
I don’t know what I am up against. Do you know if the fine is the same? And since a lot of attention is paid to oncoming cars being safely back from the tracks (15 feet?) should I fight this because the right turning lane is inherently dangerous, i.e., if 15 feet is the safe distance from the tracks, there are no markings warning of such a danger for more than two carss crossing the tracks -- especially if there is the spector of pedestrians stopping right turns on a green light.
Thanks for any assistance or opinion.
Hello. This last Saturday, 10/15/2016, I got a ticket by an opportunist cop in Grover Beach, CA regarding the tail of my stopped car being over the train tracks for twenty or so seconds. I say “opportunist cop” because I suspect this spot is a known area of violation due to the close proximity of the of the RR tracks and the intersection. I saw the same officer giving tickets in the same area after I received mine.
Inserted here is an overhead view with mark-ups. A Google street view is here: http://ift.tt/2ei8OjX
Event: 12:15 PM. Weather was gray with light rain. Many people were on foot due to an automotive event being held in the sand dunes west of the intersection. Traffic was congested. Cones were up. It was chaotic.
While the red, blue and green (me) cars were in motion, sequentially turning right on the red light, the light went green and a sizeable crowd of pedestrians stepped off the curb (blue arrow). All three car’s forward progress suddenly stopped. The blue car in front of me would not move forward so my car could get off the tracks. I sounded my horn, but nothing. We sat for approximately 20 seconds until the pedestrians were gone and all three cars were moving again.
There was a cop parked near the corner. He immediately was behind me. I received a ticket VC 22451(c) [not (a) or (b)]. Note: the RR warning lights were NOT on, and there was no railway activity.
I feel the cop should have given me a courtesy warning because he could see that:
a.) The RR tracks intersect the road at a 15-degree angle, so the turning lane I was in was only large enough for 2.5 average cars.
b.) The car in front of me stopped prematurely and would not move so I could get off the tracks.
c.) It was raining and with the event happening (pedestrians everywhere). It was chaotic. If the RR tracks were such a concern, there should have been police directing traffic.
I know the fine for 22451(a) is very expensive, but I cannot find out much about 22451(c). All I can find is this: “22451(c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.” I cannot tell what Section 40518 means.
I don’t know what I am up against. Do you know if the fine is the same? And since a lot of attention is paid to oncoming cars being safely back from the tracks (15 feet?) should I fight this because the right turning lane is inherently dangerous, i.e., if 15 feet is the safe distance from the tracks, there are no markings warning of such a danger for more than two carss crossing the tracks -- especially if there is the spector of pedestrians stopping right turns on a green light.
Thanks for any assistance or opinion.
Other Violations: Calif VC 22451 (C) -- Stopped Car on Rr Tracks. Cause for Fight or Suck It Up
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