Last night, at 9:50 PM, I was approaching an intersection driving west at approximately 35 mph when the light turned yellow. If I had stomped on my brakes, I would not have had sufficient time to stop and would have skid into the intersection so I gunned the engine and drove through. At the exact moment that I was completely across the meridian, the light turned red. A police officer sitting in traffic facing north pulled me over and gave me a $182 ticket for running a red light. I have contacted the police department and a Lt. told me the only thing I can do is go to court and that this officer has to no reason to lie. What is your advice?
2007-09-06 02:09:49 · 16 answers · asked by been there- done that 2 in Politics & Government ➔ Law Enforcement & Police
Always fight the ticket - if you lose the most you have to pay is the $182 and there is a chance that you could win. Get some pictures of the intersection showing the lights and request the light timing from the roads department and see if you can show that the officer could not have seen if you entered the intersection on the yellow or red. Remember, you don't have to make it all the way across before it goes red as long as you enter the intersection during the yellow. BTW, the officer has plenty of reasons to lie, the most common one is that he is supposed to get money for the city/county.
2007-09-06 02:19:21 · answer #1 · answered by remowlms 7 · 1⤊ 1⤋
It honestly sounds like it's going to be in favor of the cops decision. If you were driving 35mph and slammed on your brakes you should have had time to stop. Light's give a small amount of time in between changing to the next color before it actually changes. Your decision to go through the yellow light wasn't good/bad. But apparently the officer felt as if you ran the red light. I'm going to have to say that the officer most likely believed you had plenty of time to stop also. Someone else said on here that if you go to court and fight the ticket and lose... You are stuck with the cost of the ticket as well as the court fee's. I suggest you pay the ticket and just be more attentive next time.
2007-09-06 05:07:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The problem is that they will tell you a yellow light means you are supposed to stop, not speed up. They will probably also say that you must have been exceeding the speed limit if the yellow was so short you didn't have time to stop. That's not too good a defense position for you.
One thing you might do is to go to the intersection at that same time of night and time the length of the yellow light. See if there are any codes in the city traffic regulations about how long a yellow light is supposed to be for that speed limit. See if that light is out of complience. If not, then pay the ticket and get on with life.
BTW, I got pulled over in the same situation once except even worse, I sped around some dipshit in front of me who was turning right at about 1/2 mph. I pulled into the left lane and sped around him at the light turned red - right in front of a cop on the side street who immediately turned on his lights.
To top it off, there was a police station right there - I just pulled right into the police station parking lot and waited for the officer. I immediately apologized and told him it was a stupid thing for me to do. I was frustrated after a long day at work and was late for dinner guests at my house and I just wanted to get home. The cop just told me to be more careful and let me go.
2007-09-06 02:46:05 · answer #3 · answered by Anonymous · 0⤊ 1⤋
I'm not sure specifically how to fight it. But I can give you one bit of advice. Check the specifics on your notice to appear in court, to see what the rules are. I'm from New York, but they may be different where you are. Anyway, if you're to appear in court on Wednesday, call up on Tuesday and ask for a postponment. (Like I said, check the notice to appear to be sure that's allowed) Doing it at the last possible moment is important. The arresting officer (at least in NY) must be in court. If you reschedule, you have a 50/50 change he won't be informed, and therefore not show up. You walk. OR, show up for court. While you're waiting to go in, ask so speak to the District Attorney. See if you can get him or her to agree to plead you down to a non-moving violation. Sometimes, they actually ask for takers on that. The courts are over crowded, and unless you're some serious repeat offender, they'll let you off with just going to traffic school or some lesser charge. You just want something that doesn't put points on your license or is reported to your insurance company. Hope it works for you. I've been to safe driving school so many times I could teach the course. (it's not like I don't know how to drive, I just don't want to do it so slow)
2016-05-22 07:38:54 · answer #4 · answered by ? 3 · 0⤊ 0⤋
I know around here that when you appear in court, such as I did, the officer never showed and I got off - the fees were dropped. Alot of cops have more important things to do than court work when you fight it... and if he does show up just calmly explain that you honestly saw the light to be yellow and ask if there is anything he can do for you. If you're not a repeat offender then I see no issue.
2007-09-06 04:26:32 · answer #5 · answered by madison5247 3 · 0⤊ 0⤋
I am retired law enforcement and realize that officers do make mistakes on occasion. I also believe that every person should have their day in court. Contrary to some other answers here, there really are many fair judges. I recommend that you go court and state your case. Be neatlly dressed, prepared, and repectful of the court (and the officer). Even if found guilty many judges lower the fine because a defendant took the time to go to court. Good Luck!
2007-09-06 02:26:17 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I've been in a similar situation except I didn't get pulled over by the police. I know exactly what you mean. It's probably because you gunned the engine instead of driving through at 35 and the police officer misunderstood or something.
I've never been to traffic court, but it's going to be your word against the police officer's. It's a tough call.
It's one that you should fight if you think you can win.
If you think it's a losing battle, don't fight.
This is not Sparta.
2007-09-06 02:22:56 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Yes you should, most of the time the Officer doesn't show up and you win by default. if you don't try you will definatly lose. i would not put out money for an attorney for a traffice citation, it would cost you more then the ticket itself. if the officer does show up you probably will lose. the court is not interested in excusses just the facts, and by your story the fact is that you were in the intersection when it turned red.
2007-09-06 02:50:19 · answer #8 · answered by Jason F 1 · 1⤊ 0⤋
You have to completely clear the intersection before the light turns red. You saw the light turn red so you must have not cleared the intersection. Also, you accelerated in an attempt to "beat the light". The lights are timed so this is not necessary if you are driving the speed limit. You have no chance of beating this if you represent yourself and only a slim chance if you get an attorney. I would speak to the prosecutor and attempt to plea guilty to a non-moving violation or check on another plea agreement. If you go to court, you will have to pay court costs, also.
2007-09-06 02:28:54 · answer #9 · answered by drb1256 4 · 0⤊ 3⤋
It depends on how big of a risk taker you are. The majority of people who fight tickets in court end up losing. The judge almost always sides with the police officer. And, if you lose, you also get to pay court costs on top of the $182 fine.
2007-09-06 02:14:24 · answer #10 · answered by Anonymous · 0⤊ 3⤋