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Fighting a traffic offense

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A

ACPlayer2

Guest
On February 20th, 2002, I was issued a traffic summons in Toms River, NJ for failure to observe signal.

Observing traffic signals (Title 39: 4-81)

(The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.)

I was approaching a traffic signal with 3 designated lanes (Left turn, straight, and straight/right turn). The traffic light was green and a vehicle was in the center lane trying to make a right turn. As a result, this vehicle was holding up traffic because nobody was letting her in. In an attempt to alleviate traffic, I decided to pass her. I put my left turn signal on and passed her on the left. Then, upon safely clearing the vehicle, I put my right turn signal on, passing the vehicle to go straight through the intersection.
A police officer who was parked across the street pulled me over as I passed through the intersection. When I asked him why I was pulled over he stated, "You went straight in a left turn lane." In an attempt to politely explain myself, the officer abruptly interrupted me and instructed me to read the back of the ticket if I wanted to fight it.
I am scheduled to appear in court on April 4, 2002. How do I beat this traffic ticket? I feel that I have been unfairly cited. My attempt all along was to go straight through the intersection and to alleviate traffic. This particular intersection is expected to go through an overhaul because of how bad the congestion it causes. Also, the ticket I got states "failure to observe signal." Isn't that given to people who run red lights? The officer told me my offense was "going straight in a left turn lane." Did he issue me the correct summons?
I have a clean record (my last traffic offense was for speeding which I got over 10 years ago). It is my hope that someone could send my some advice on how best to represent myself. Thank you.
 


V

Vincent Cosent

Guest
Alleviating traffic is no defense.

You must know every indication that the light gives(such as red,green left turn arrow,etc.)you must then be prepared to show the officers testimony is flawed or that you were not in violiation of the offense stated on the ticket.Its easier to just pay the ticket and remember not to alleviate traffic any more.
 

racer72

Senior Member
The old 2 wrongs don't make it right theory. You were the second wrong and that is the one that usually pays.
 

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