Traffic Light Obstruction?

[cbitting]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? PA. I was traveling in Philadelphia and on a road that curves around, went through a red light and had an accident with someone. While in any other case, I'd be sure this was my fault, and it partly is, however check out the photo below. The city has Christmas lights in a tree directly behind this traffic light, and until right at the light, didn't even know there was a light. Even the police officer at the scene thought it was wacky and noted it in her report. However my insurance company feels no matter what, it's my fault and they don't want to even want to look into this. Does the legal advice here (awesome site!) feel the same? Or should i look into this further? -My wife (pregnant) has some minor sore muscles and my sister-in-law has a mild concussion. Nothing too major.

Thanks in advance for your awesome help! -C

http://www.thebittings.org/IMAGE_076.jpg

 

[seniorjudge]

Bring that to the prosecutor's attention; ask for a non-moving violation.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[teflon_jones]

You can sue the city for your damages, and then you'll have to reimburse your insurance company for anything you win above and beyond your deductible.

I can't even figure out what's the traffic light in that photo. I'd definitely show that to the magistrate/judge if/when you're fighting the ticket.

 

[racer72]

You can probably use the Christmas lights as a defense for the citation but it won't help you on your insurance issue, the fact is you ran a red light and damaged someone else's property. Also, was there a rash of accidents at the intersection or was yours an isolated case? If you were the only person that had an accident at that intersection, proving the city liable for anything will be virtually impossible.