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Recieved Traffic Light violation

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innocent_mini

Junior Member
What is the name of your state? MD

I recieved "violation to stop at red light". I am 100% sure I passed the intersection when the light was still yellow.

The cop was in the next lane and claims that when he passed the intersection it was already yellow so it could not have been yellow when I passed. I was just half a car length behind him and I know it was orange when I crossed the intersection.

How do I prove it as I want to contest in court? There were no cameras at the intersection as far as I know?

Also, I was fined 140$ and 2 points. Isnt it too harsh ?

This is my first violation....:mad:

Need advice.....
 
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The Occultist

Senior Member
You claim the light was orange, but traffic lights have no orange. Traffic lights have a red, a yellow, and a green. Orange is a color that is created from the combination of red and yellow, so which of those colors are you actually talking about? :p
 

Maestro64

Member
First you do not have to prove it was red or yellow the officer has the burden of that proof, What you need to do is through doubt on his ability to determine what the light color was when you cross the stop line. The stop line is the only thing that matter in a red light ticket.

It sounds like he made the determination base on where his car was and the color of the light when he entered the intersection. just because it was yellow when he entered did not mean is was not yellow when you entered or cross the stop line. here is the general rule for running a red light.

It if the light is yellow it says you must be warned that it will turn red soon. It does not say anything about not entering on yellow. It also says if it is red you may not proceed pass the stop line or into a pedestrian cross walk. No where does it say if you're in the intersection and it turns red you violated the law. Also if the light complies with the MUTCD which all states are required to follow, there is condition called all red when all light in all directions are red for a period of time to allow cars to clear the intersection.

Also some state have laws about blocking an intersection which means you can not be in the intersection when it is red, and the other direction has green, this means you failed to clear the intersection during the all red interval.

The question you have to ask is was the light red at the time you cross the stop line, if it was and the front of the car was not passed the stop line or cross walk then you ran the red light, If you already pass those point you did not.

For you reference I am assuming this is the rule you are accused of braking

http://mlis.state.md.us/asp/web_statutes.asp?gtr&21-202

Unless he can say with 100% certainty you crossed the stop line when the light was red you did not run the red light. Read the code so you know the law.
 

The Occultist

Senior Member
First you do not have to prove it was red or yellow the officer has the burden of that proof
The testimony of the expert witness will meet that burden of proof. Op, as Maestro suggested, you will need to somehow make the officer look like he doesn't know what he's talking about. No offense intended, but you likely do not possess the knowledge or the skills to do this, and not to mention that things will probably not work out in your favor as judges tend to not like it when people "play lawyer".

My advice: Local traffic attorneys will know exactly what the courts want to hear since they have been practicing within those courts, and many will offer a free/cheap consultation, so you should sit down with a couple and see what they have to say.

What you may likely find is some sort of plea bargain where you end up with a higher fine, but no points. Keep us posted on what happens.
 

innocent_mini

Junior Member
Thank you very much.. Maestro64 and The Occultist.. I will keep you both posted.

Also, I wanted to mention, I am planning to plead 'not guilty' on my ticket, is that a right move?

Thanks again.
 

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