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Dispute about running a red light

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J

Jomar

Guest
A few days ago I was pulled over for allegedly running a left turn red light. The officer told me that he had been watching the intersection from a corner because there had been complaints of people running red lights. Though he did not see the red light directly, he concluded that based on watching how the other lights change he concluded that I ran through the red light. I told him that I did not. I had just entered the intersection and had no choice but to proceed otherwise I would have been stuck in the middle of the intersection. He insisted he was right and the red light came just before I hit the intersection. I also pointed out that the driver which I was side by side with on the right seemed to agree with me because the driver also made the left turn. He said he couldn't see it because of the truck that was in front of it. He maintained his position and gave me a citation. I don't think the officer knew exactly where I was when the red light occured. I disagree with him in the citation in saying my speed was 5-10 mph and having the light conditions as day. It was dark and I was traveling at about 25 to 30 mph when I made the turn. I just think the officer, with having to watch the lights, having dark conditions, possible obstruction of the view by cars and trucks (this is a fairly busy intersection), misjudging my speed while not even directly seeing the red light, was inaccurate. I intend to challenge this but I'm not quite sure how traffic court works. It's basically going to be my word against his word. Does the officer have to prove I'm guilty or is he always right and whatever he says is good enough to convict? Is it just like other crimes where guilt has to be proven beyond a reasonable doubt? Also, how should I explain my situation to the judge? Should I be direct and straightforward and not complain? Should I give counterattacks to the officer's claims? How should my attitude be when defending myself? Should I act like I was absolutely right?
 


ALawyer

Senior Member
You should hope the cop doesn't show up and the court dismisses the case. If you testify and say you were in the middle of the intersection, and there was a yellow or a doiuble light, that may be enough to convict yourself.

If the cop shows, you'll have to intelligently and respectfully cross examine him. Ask the officer, respectfully, where he was, what the weather conditions were, whether he had a clear voew of the intersection, what he based his ticket on and try to get him to say he did not directly observe you running the light, but assumes. Then ask the judge to dismiss. Don't be surprised if the officer changes his story and says he saw you, there was no truck, and he never told you he assumed. etc. Otherwise it is his word against yours, and the judge will believe the person who is most credible, and 9 out of 10, that's the cop.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
J

Jomar

Guest
How could I convict myself? I thought that if I was in the intersection when the light turned red then it would be okay to proceed.
 

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