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Failure to stop at red light
- Thread starter Atomical
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
You Are Guilty
Senior Member
Hell yeah! You can also argue that the City was negligent for failing to fix the light in a timely manner and exposing the driving public to unnecessary danger, or that the police department's training was negligent since the officer was just sitting in his cruiser, or that the laws requiring a full stop on blinking red lights are unconstitutional and violate your rights.Atomical said:
Or, you could just smack yourself in the head with a brick for being such a dumbass that you ran a red light in front of a cop (but still want to "get out of it") and then go pay the ticket that you so rightly deserve.
Me? I say go with the brick.
EvilWizard
Member
YRG just made me snarf coffee out of my nose.
You Are Guilty
Senior Member
There certainly is. Who has copies differs by state, so to make sure you find the correct person who has one, you can send polite request letters to your elected officials and the police department, but be sure to explain why you're asking or else they won't give it to you. (You can save some time and just cut and patse your post into a letter, then ask for the materials at the end. )Atomical said:
Good luck!
EvilWizard
Member
You don't seem to be getting what we are saying so let me give you the facts. You broke the law and got a ticket. The fact that an officer was there does not mean he was negligent for not "directing traffic."
Illinois Vehicle Code
(625 ILCS 5/11‑309) (from Ch. 95 1/2, par. 11‑309)
Sec. 11‑309. Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic control device it shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the cross walk on the near side of the intersection, or if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
Illinois Vehicle Code
(625 ILCS 5/11‑309) (from Ch. 95 1/2, par. 11‑309)
Sec. 11‑309. Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic control device it shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the cross walk on the near side of the intersection, or if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
HappyHusband
Senior Member
But Evil, the traffic light was malfunctioning!EvilWizard said:
It was blinking only red! It didn't go Green!, Yellow?, Red! like all properly functioning traffic lights do!
EvilWizard
Member
Ughhh don't encourage him!
HappyHusband
Senior Member
Sorry,EvilWizard said:
Flashing Red = Stop.
Flashing Yellow = Use caution while proceeding through intersection.
Flashing Green = You are in Massachusetts and the pedestrians control the crosswalk.
HappyHusband
Senior Member
So what was the code for which you were cited?Atomical said:
EvilWizard
Member
There are a couple of violations involving flashing lights so pick your poison. If you want to check to see what your code is then look it up. Google Illinois Vehicle Code 625. Here is another example of a flashing light violation that you may have been cited for...
(625 ILCS 5/11‑903) (from Ch. 95 1/2, par. 11‑903)
Sec. 11‑903. Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection or flashing red signals are in place at a plainly marked crosswalk between intersections, drivers of vehicles shall stop before entering the nearest crosswalk and pedestrians within or entering the crosswalk at either edge of the roadway shall have the right‑of‑way over vehicles so stopped. Drivers of vehicles having so yielded the right‑of‑way to pedestrians entering or within the nearest crosswalk at an intersection shall also yield the right‑of‑way to pedestrians within any other crosswalk at the intersection.
(Source: P.A. 76‑1586.)
(625 ILCS 5/11‑903) (from Ch. 95 1/2, par. 11‑903)
Sec. 11‑903. Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection or flashing red signals are in place at a plainly marked crosswalk between intersections, drivers of vehicles shall stop before entering the nearest crosswalk and pedestrians within or entering the crosswalk at either edge of the roadway shall have the right‑of‑way over vehicles so stopped. Drivers of vehicles having so yielded the right‑of‑way to pedestrians entering or within the nearest crosswalk at an intersection shall also yield the right‑of‑way to pedestrians within any other crosswalk at the intersection.
(Source: P.A. 76‑1586.)
(625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
(c) Steady red indication.
1. Except as provided in paragraph 3 of this
subsection (c), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.
I've already found a place in the Illinois Vehicle Codes where it makes a distinction between steady and flashing.
(c) Steady red indication.
1. Except as provided in paragraph 3 of this
subsection (c), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.
I've already found a place in the Illinois Vehicle Codes where it makes a distinction between steady and flashing.
HappyHusband
Senior Member
11-306 - Disregarding traffic-control light. 20 pointsAtomical said:
You stated that the light was blinking red, which means stop, but you stated that you failed to stop, therefore you disregarded a traffic control device.
You have no defense.
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