To: Clerk of Traffic Court
Re: CVC 40519(b) Written Not Guilty Plea
Date: XXXXXX

Superior Court of California, County of Alameda
Wiley W. Manual Courthouse, Traffic Division

661 Washington St
Oakland, CA 94607

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Re: Written Not Guilty Plea for Citation #XXXXXXX, dated XXXXXX.

Mr. or Ms. Clerk,

I hereby waive arraignment pursuant to Section 40519(b) of the California Vehicle Code and plead Not Guilty to violating CVC 21453A.

I request a Trial by Written Declaration pursuant to CVC 40902. I have enclosed a check for bail as required.
Sincerely,
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Defendant in Pro Per
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NAME
ADDRESS

Defendant's Name: NAME
Citation No.: XXXXXXX

I received this citation in the mail 21 days (on 11/24) after the date I allegedly ran a red light.

It is unreasonable to expect a driver to recall crossing any given intersection 3 weeks after the fact. The statute legalizing automated red light enforcement requires the photographed motorists to be informed of the citation within 15 days of the date of the alleged violation.

CVC 40518 states: Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of... Section 21453... recorded by an automated enforcement system... and delivered by mail within 15 days of the alleged violation...[this] shall constitute a complaint to which the defendant may enter a plea.

When the law permitting automated red light enforcement was passed by the state legislature, the specific intent of this 15 day notice was to avoid the impossible situation I find myself in: attempting to defend myself against the charge of running a red light so long ago that I cannot even recall the specific event.

I believe that this late notice of citation is illegal under 40518. This citation violates both the letter and the spirit of 40518 and, as such, does not constitute a valid criminal complaint.

Further, the photographic evidence provided by the state does not indicate that a red light was run. It is clear visible from the "Vehicle within intersection, light is red" photograph that I was making right turn on a red light, a legal maneuver at that intersection. There is no evidence to suggest that I did not make a stop before the limit line, determine the maneuver was safe, and perform the right turn.

Because of the lack of definitive evidence provided by the state as to the veracity of the red light violation, as well as violation of CVC 40518's notification requirements, I hereby request the case be dismissed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 12/2/2007