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How Do I Fight A Moving Violation?

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C

cliff9i

Guest
What is the name of your state? What is the name of your state?UTAH
SALT LAKE CITY, UT 07.03.02, Salt Lake City Corporation -vs- {{me}}

What is the best legal approach when contesting a moving violation. I received a citation for DISOBEYING SEMAPHORE (running a red light). The light was yellow and I was on the off-ramp to Interstate I-15. Traveling at the legal speed limit of 40 mph down the inclining ramp I made the split second decision to proceed through the light as I knew I would be unable to stop behind the white line of the intersection...I would have ended up in the middle of the intersection.

The officer that pulled me over did not do so for several blocks..the entire time I was fully aware of his presence. In his report he wrote that I had plenty of time to stop, that I speed up when I saw the yellow light, and that other cars traveling parallel to me made the stop without any trouble. I did NOT have time to stop giving the physics of the situation, I did NOT speed up, and there where certainly NO cars within 5 blocks of me...I had just gotten off work very late at night on a weeknight and there was no traffic. Is this standard proceedure to lie on these reports in order to obtain a hassel free conviction? Do I have the right to obtain a copy of his report? Can I look at other cases he has written simular citations on?

When I went before the hearing officer he repeatedly attempted to convince me that I should take his offer of a reduced fine and traffic school. I opted to go before a judge which I will in less than two weeks....not even the 10 business days required by them to file anything related to the case. When I questioned that they told me that they where making it at a time good for the officer not for me. Like one of the users here tells everyone, I feel I am convicted before the hearing...that the judge just assumes I am guilty and I have no chance.

Any legal advise that anyone can share with me concerning this matter would be greatly appreciated. Please don't use this as another chance for you site regulars to get into another name calling self-fulfilling banter. I was disappointed to see the amount of non-legal text in these messages.
 


JETX

Senior Member
Sorry, but here is some more of your 'non-legal' banter..... the law simply doesn't allow you to unprove a truth.... Res Ipsom Loquitor (the facts speak for themselves).

You can certainly appear at court to challenge your ticket, but running a red light is NOT easily challenged. Especially when the officer has already 'shot down' most of your possible defense claims!! Your only option as I see it, is to determine (city and/or state traffic department) if there is a mandated time for the yellow light between green and red. Then, time the light to see if it is compliance (if it isn't, then videotape it with the time loop on). Other than that, I see little chance of your successfully beating this one.
 
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