Law Offices of Robinson, Diamant,

In response: 1. The lessons were NOT paid for by *** *** but were provided to her by a church that we have an agreement with to provide lessons to people that immigrate from another country and are seeking to get licensed in California. The fee agreement that we have with them is a highly reduced fee which really has no bearing on the issue at hand.2. I understand the concerns of Mr***, however it is always up to the professional driving instructor to make the decision as to whether it is safe or unsafe to hit the instructor brake and as I explained in the previous communication once the student driver committed to accelerating into the intersection they could not hit the brake and stop in the intersection or back up. The instructor was, and is always paying very close attention to a student during their lessons and he did not expect her to accelerate when she did but I stand behind his decision that he had to make at the time the infraction occurred since I was not there and neither was Mr***. 3. With all due respect it is easy to say what you would have done, or what you feel the instructor should have done but it is ultimately up to the professional driving instructor to do what is safe for the student driver, himself and the surrounding traffic. Conclusion:When tickets are issued for any violation they are issued to the driver that is behind the wheel of the car who is ultimately responsible for following all the rules and laws that are outlined in the DMV handbook and that they were tested on when receiving their driving permit. Ms*** was on her last lesson and was very aware that Red Light means STOP and she made the decision to go thru the light and even stated that she thought it was still yellow

In response to the complaint filed on behalf of *** ***. On July 29, Allstars was contacted by a Church that we work with asking us if we could provide lessons to *** because she had just arrived from another country and we agreed to give her the hours of behind the wheel
training. *** received her permit and we provided the first lesson on August 29th of 2015, her 2nd lesson on April 6th and her final lesson on July 20th which was the DMV preparation lesson devoted to the drive test at the DMV. That being said Allstars has highly trained professional driving instructors which are retired Highway Patrol Officers or Educators. After the final lesson with *** my instructor immediately informed me that she had a Red Light Violation and explained the circumstances. He said they were coming to the light and the student slowed to the limit line and was braking to a stop when she decided to move her foot to the gas and accelerate into the intersection at which time the instructor had to make a split second decision whether to hit the brake while already in the intersection or to let her continue thru because it was safe to do so. Per the highway patrol it is illegal to stop in the middle of the intersection or to back up so at that point they had to continue thru. The instructor immediately asked *** why she took her foot off the brake and accelerated into the intersection and she responded that she was told by other people she was practicing with that it was okay to go thru a yellow light. The instructor then told her that the light was not yellow and that it is never okay to go thru a red light.When tickets are issued for any violation they are always issued to the driver of the car who is responsible for following all of the rules and laws that are outlined in the DMV handbook and that they were tested on when they received their driving permit.I appreciate the concern of Ms*** nephew however I believe that *** *** is ultimately responsible for this violation and that the Driving Instructor acted appropriately.Thank you for the opportunity to respond to this complaint - ***

I am rejecting this response because:In response: 1.You’re absolutely wrong she paid $100 to the Church and I’m not sure if the Church has paid you as well but I’m going to double check that. Not only that she got a ticket with $480 and she still needs to pay for the online Scholl just because your instructor was paying attention and didn’t provide her with the right instructions.2.I know I was not there and neither you but I can see form the picture that there was no car behind them and AGAIN, he should stopped the car when it was yellow, why he waited all this time? The road rules state that when you approach a yellow light you must STOP3.Absolutely my point your instructor DID NOT take the right action and endangered the life of my cousin and compromised the safety of other vehicle operators and pedestrians, Ideally driving instructor would have made sure that didn't happen as that's what they are there for.

I am rejecting this response because:1. the lessons wasn't free and my cousin paid for it.2. The business owner  stated that the her instructor told her that "they were coming to the light and the student slowed to the limit line and was braking to a stop when she decided to move her foot to the gas and accelerate into the intersection at which time the instructor had to make a split second decision whether to hit the brake while already in the intersection or to let her continue thru because it was safe to do so." That's not true he wasn't paying attention at all,  if he was paying attention he should pushed the breaks from his side and stopped the car. I thought the driving instructor would have made sure that the red light violation didn't happen as that's what they are there for.3. The business owner  stated "the instructor had to make a split second decision whether to hit the brake while already in the intersection or to let her continue thru because it was safe to do so" That's not true, I can see from the red light ticket pictures (Attached) that there was no car behind them why the instructor didn't stop the car as he has the ability to stop the car. Not only that he should pushed the breaks from his side and stopped the car when its yellow why he waited  all this time? The road rules state that when you approach a yellow light you must stop if you are safely able to do so before reaching the stop line.  If not before the stop line, then before entering the intersection.