Pursuant to California Vehicle Code (CVC) 40902, I respectfully submit this Trial By Written Declaration to the Court. I plead Not Guilty to the charge of CVC 22101(d).
As required, I enclose a check for $200 of bail payment. Please refund $200 in the event the court finds me not guilty.
On March 2, 2006, some of my friends and I decided to have lunch at ABC Restaurant ("the restaurant") in McCarthy Ranch ("the shopping mall') of Milpitas, CA. Since I had never been to the restaurant before, I took directions from Google's map website where it shows both directions from my office at Mountain View to the restaurant, and from the restaurant back to my office. We finished having lunch at around 1:30 PM, and returned back to my Honda Accord sedan ("my car") with license number 4ABC123. I checked directions from my printed map which told me to turn left onto the westbound of Ranch Dr. from the shopping mall to get to Hwy 237. There is a ramp next to the restaurant, and I assumed that I have to make a left turn from that ramp. Since I was still inside the shopping mall, and I have to make a right turn before getting onto the ramp, my whole attention was towards incoming traffic from the left side, and the front. At that very moment, the "STOP" sign and the "RIGHT TURN ONLY" sign ("the signs") was from my far right about three o'clock in angle (See Diagram01a.JPG and Diagram01b.JPG), and it was not within my sight as I was checking for oncoming cars from my left and from the front. After yielding a few cars, I straightened my car onto the ramp, and immediately started following a car which may have been relatively taller and bigger than my car. As the distance between my car and the car at the front was not much, and the front car was diagonally right most of the time where it would have been right between my car and the signs, it obstructed my view of the "RIGHT TURN ONLY" sign which was at my two o'clock in angle. Also, I was not able to see the painted white right turn arrow which may have been under the car at the front. However, I was only able to spot the "STOP" sign which was at the top of the "RIGHT TURN ONLY" sign. (See Diagram02a.JPG, Diagram02b.JPG, and Diagram02d_blocked.JPG) And at the next second, I was standing at the painted white line where the signs were about three o'clock or even four o'clock from my angle. (See Diagram03.JPG) Unfortunately, at that very moment, the signs was way out of my sight, and there was no other sign at the front or at the left side on the center divider to warn the drivers not to make a left turn. So I stopped completely at the painted white line, and waited for all the incoming traffic from all directions to pass. When it was safe to turn left, I proceed to make a left, and I first came onto the center lane, and safely merged to my right lane. That is when Officer A. Baron ("the Officer") stopped me, and informed me that I had taken an illegal left turn on a “RIGHT TURN ONLY” intersection. I was then ticketed for that.
While I could understand the reason the Officer pulled me over, I believe this is a very unfortunate situation, and it does not reflect my driving behavior. It was an honest mistake under the situation as explained above. Attached are photographs and diagrams explaining my situation mentioned above. Thanks for understanding, and I wish you could find me not guilty.
If the court finds me guilty, I request a Trial de Novo, and an option to attend traffic school level one and have the fine reduced.
In addition, please send me the “Decision and Notice of Decision” (TR-215) by mail.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
M Copper, Defendant in Pro Per