On a normal day, going through this intersection would have been a tough impulsive desicion. But the day I got my ticket, it was freezing and wet outside. The light turned yellow, but I wasn't about to hit the brakes and risk ending up in the intersection. I tried to tell this to the officer...but all he could say was "Maybe you should think about slowing down". By the way, I was going 30-35 in a 45mph zone. According to the officer, I ran the red light by 4 car lengths!!! I thought that this was rediculous, but I wasn't about to argue with someone who had legal authority over me. I plan to go to traffic court to fight the ticket, but I don't know how much leverage my story is to his "alleged" 4 car lengths. Do you have any suggestions???
2007-01-11 17:26:20 · 13 answers · asked by eleven4braves 1 in Politics & Government ➔ Law Enforcement & Police
I'm sorry to say it, but the officer is correct; you should have thought of the conditions of the road before going the speed you were going. If you could not safely stop before the light turned red *because of the road conditions* you were going too fast.
In many states, if you enter (or are in) the intersection when the light is yellow, you are perfectly within your legal rights to proceed through the intersection even if the light turns red before you make it out. (However, you are also prevented from entering an intersection unless there is sufficent space on the other side for your vehicle; that's to prevent gridlock.)
If you indeed did enter the intersection while the light was red, you ran a red light. Your only hope is to cast doubt on whether or not you actually "ran a red light" according to the law. Read the vehicle code section you're accused of violating; if you're not guilty of every aspect, you must be found not guilty.
2007-01-11 17:59:11 · answer #1 · answered by BubbaB 4 · 0⤊ 0⤋
First, the officer will show up. They have set court dates and write all their tickets for a block of time with that specific court date on them that way they're not constantly being called off patrol. Everyone for a specific time period is in court at the same time and the officer can handle all the cases during one day.
Second, if it's raining then you have to drive for the conditions no matter what the speed limit is. The speed limit is for routine traffic congestion on a good weather day. Inclement weather means slowing down and a person can be ticketed in many states for driving "too fast for the conditions" even if it's at or below the speed limit.
Best suggestion is to pay the fine and take a safe driver's course to minimize the impact to your insurance rates.
2007-01-12 02:02:03 · answer #2 · answered by deus ex machina 3 · 0⤊ 0⤋
In CA traffic tickets are usually heard by non-judges. You must sign a paper to approve this. The trick is to not have the officer testify. So, contest the ticket. If the officer doesn't show up you win. If you see him, don't sign the paper agreeing to the non-judge. You will be assigned to another court to see a real judge. If the officer is still showing up, when you get in front of this judge declare your rights under code section 170.6. This allows you a one time right to dismiss a judge for any reason. It will then be assigned to another judge. This all takes time, maybe all day. If the officer is still there (which is unlikely) then walk away. You will never win when it comes in front of a judge and an officer. But, you gave it a shot using the system.
2007-01-12 04:01:39 · answer #3 · answered by quidproquo888 3 · 0⤊ 0⤋
I am not sure you have much of a case, even though you may have been doing what would normally be considered the correct move given your situation at the time. Essentially, you admit that you did run a red light. The whole ice on the roads excuse is non-sense and I would not try that excuse. Many states have a basic speed law which states that drivers are required to only drive speeds that are reasonable and prudent (I have posted Minnesota's speed law below for your reference). This would mean that you were technically in violation of this law as well, because you were not traveling at a slow enough speed to stop for the stoplight given the weather and road conditions.
I would explain the situation and that you thought that this was the safest alternative given the scenario. I think this is your best bet.
2007-01-11 18:02:17 · answer #4 · answered by msi_cord 7 · 0⤊ 0⤋
If you are lucky the cop won't show up and you should get an automatic win if that happens.
If the does show, just be prepared to do your best to explain the conditions which made it dangerous for you to attempt to stop, and hope that the judge believes you. Also if you are disagreeing with the cop's testimony try to be really humble about it, like "With all due respect Your Honor, I must respectfully disagree with officer {dufushead}. I'm pretty sure the light was still yellow when I entered the intersection." Or whatever. You get the picture.
Good luck!! Your best bet is hoping the cop is too busy to show.
2007-01-11 17:38:13 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No need to go to the traffic court. You are only wasting time and money for a lawyer. You should abide with the traffic rules and regulations. On the red light you must stop for your own safety because if you insist on going on, the other car on the opposite direction or cross direction may bump you car that cause you more delay, waste of time and money for the repair of your car and the other . Comply paying the appropriate penalty for your own good.
2007-01-11 17:51:15 · answer #6 · answered by Jesus M 7 · 0⤊ 0⤋
tell the judge what your speed was but don't expect any mercy normal road conditions maybe but the conditions you described you were supposed to be going slower anyway. I don't see much of a chance here you could plead your case and hope for a reduced ticket (running a red light is 4 points on your license while careless operation is no points) . Now if he wrote you up for careless operation you cannot win pay the fine and be done with it.
2007-01-11 17:36:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Tell them you tapped your breaks and started to slide. You were going to run the light regardless of what you did due to the dept. of transportations failure to properly clear the roads. Or just get the ticket fixed by hiring a traffic lawyer, but it will cost you a couple hundred to do that.
2007-01-11 17:36:09 · answer #8 · answered by Adam O 3 · 1⤊ 1⤋
OMG! good luck, that's a tough one because they take running a red light serious.
2007-01-11 17:31:20 · answer #9 · answered by ask me ? 3 · 0⤊ 0⤋
You're probably better off just going to traffic school. I don't think you'll win.
2007-01-11 17:36:03 · answer #10 · answered by Pens 6 · 1⤊ 0⤋