Red light violation, more interesting then it sounds...

[ejon]

What is the name of your state (only U.S. law)? New Jersey

So an officer gave me a ticket for running a red light ticket specifically called not obeying traffic control device. I was at the other side of the street just about under the light when it turned red. This is a center of town so the speed was low. The officer said "you could have stopped"

Questionable factors involved:
It was raining.
There was an open establishment busy bar at night about a block away.
No other tickets were issued.
On the intersection in question there are 4 different directions and each have lights, all of which have cameras no tickets have been issued by the camera.
No other occupants were in my car or officers in his..

Best answer I have is let the camera prove my innocence. So I am thinking subeona the camera, but how do I subpeona camera if it didn't take a photo is lack of evidence truly evidence?.. Has this approach been used before? If so did it win? Would the camera still give a ticket even if the officer did? basically any thoughts on my approach would be appreciated?

I went to court and told most of this to the prosecuter and he left the room brought two guys in suits in first thought were lawyers but i don't know pretty much kicked me out of the room saying "I want to go to trial".. Judge said i will receive a court date...

 

[not2cleverRed]

What does a bar a block away have to do with the traffic light and whether you obeyed the traffic signal? Nothing. It's irrelevant.

If stopping times are increased due to rain, you are to adjust your driving speed accordingly.

If your argument is that you entered the intersection when the light as yellow because you would not be able to *safely* stop AND you were at or below the speed limit for that area, you are beginning to have a point.

 

[HighwayMan]

Best answer I have is let the camera prove my innocence.

What camera?

By the way, in the future please post these types of questions under traffic law, NOT criminal law.

 

[HighwayMan]

So an officer gave me a ticket for running a red light ticket specifically called not obeying traffic control device.

What's the statute number?

Sounds like you got a break by being charged with a lesser offense. At trial a judge may not look too kindly upon you for fighting this.

 

[FlyingRon]

The fact that an automated red light camera didn't issue a citation is NOT exculpatory. If it didn't trigger it is also unlikely that there was any record of your passage through the intersection.

 

[Silverplum]

Not interesting=False advertising.

 

[Zigner]

If you were going slow, then you had plenty of time to stop while the light was yellow. If you didn't, then you were driving too fast for conditions.

 

[ejon]

What does a bar a block away have to do with the traffic light and whether you obeyed the traffic signal? Nothing. It's irrelevant.

If stopping times are increased due to rain, you are to adjust your driving speed accordingly.

If your argument is that you entered the intersection when the light as yellow because you would not be able to *safely* stop AND you were at or below the speed limit for that area, you are beginning to have a point.

the bar being a block (easy walking distance) away could mean drunk people unreliably in the area.. making it even more dangerous if i were to slide from the rain...

 

[ejon]

Not interesting=False advertising.

apologies guess that was opinion, i haven't heard about people using the red light cams to fight officers.. have you seen or heard of it done?

 

[Zigner]

apologies guess that was opinion, i haven't heard about people using the red light cams to fight officers.. have you seen or heard of it done?

The lack of evidence, in this instance, is not evidence.

 

[ejon]

If you were going slow, then you had plenty of time to stop while the light was yellow. If you didn't, then you were driving too fast for conditions.

i was appropriate speed as posted. to say I was going to fast he would have given me that as well.. if i was going to slow then the light would have more then likely picked up as well given the rear of my car has to be past the sensor once the light turned red. which is how the red light cames work..

 

[ejon]

The lack of evidence, in this instance, is not evidence.

is the fact that the camera didn't flag me evidence?

 

[Zigner]

i was appropriate speed as posted. to say I was going to fast he would have given me that as well.. if i was going to slow then the light would have more then likely picked up as well given the rear of my car has to be past the sensor once the light turned red. which is how the red light cames work..

If it was raining, then the posted speed limit was too fast (as evidenced by the fact that you couldn't stop while the light was yellow.)

 

[Zigner]

is the fact that the camera didn't flag me evidence?

No.

(That's what I said above.)

 

[ejon]

The fact that an automated red light camera didn't issue a citation is NOT exculpatory. If it didn't trigger it is also unlikely that there was any record of your passage through the intersection.

isn't the officers ticket and testimony record of passage through the intersection?