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.
Date:
_____________________________
M
Copper, Defendant in Pro Per