Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-16-2003, 04:40 PM
ejowens
Guest
 
Posts: n/a

Red light violation


What is the name of your state? Tennessee

Over the past weekend I went home and recieved an ordinance citation for a running a red light. What happened was that I saw the light turn yellow, but didn't feel I was able to stop without recieving wiplash or having the car behind me run into me. I did not increase my speed, but went on through the light. A truck on the coming from the other direction made a left hand turn right in front of me( failing to yield the right of way), and I applied the breaks to slow down, keeping me in the intersection when the light turned red. Unfortunately there was a cop directly behind me. At first I thought I was fine cause he did not put on his lights or follow me, but remained at the light. Then after I began to turn right into a parking lot, he followed me in and gave me the ticket. He also said I was lucky cause technically what I did was reckless endangerment, but he only wrote it up as running a red light and almost causing a wreck. Personally, I think it's bogus, especially since I in no way almost caused a wreck!!!! I plan on fighting this, but any advice and information will be appreciated!!!!!


Thanks
    Reply With Quote
  #2  
Old 10-16-2003, 05:43 PM
Senior Member
 
Join Date: May 2003
Posts: 2,607
Obviously the officer had a clear view of the situation since he was directly behind you. In addition the truck would not have made his turn unless you were far enough from the light to stop safely.

The yellow light is the opportunity for vehicles to make the turn and clear the intersection. When the light turns yellow you are supposed to stop. I don't buy your story about "whiplash" and neither will the judge.

Pay the fine and take traffic school. You need it.
    Reply With Quote
  #3  
Old 10-16-2003, 10:16 PM
ejowens
Guest
 
Posts: n/a

revisions and reply


First let me say that I would like to retract the wiplash statement. That was simply me going off over a subject I was mad about, and I apologize. Second, the truck had my exact same light. I think it rather stupid of you to assume what went through the trucks mind as he/she turned. Thirdly, the cop did not have a clear view, since my car obstructed his line of vision of the situation. From my driver's seat, I did not witness the near wreck the officer insisted happened. And finally, a yellow light means slow down and prepare to stop. Not to stop, that's what red means. So if anyone has any real help, I'd appreciate it.
    Reply With Quote
  #4  
Old 10-17-2003, 12:30 AM
Senior Member
 
Join Date: Oct 2001
Location: california
Posts: 7,789
Did you enter the intersection when the light was red?
    Reply With Quote
  #5  
Old 10-17-2003, 02:05 PM
ejowens
Guest
 
Posts: n/a
No, the light was yellow when I entered the intersection. But I was caught in the middle of the intersection just as it was turning red.
    Reply With Quote
  #6  
Old 10-17-2003, 02:34 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,023
When you go to court, if you dispute the ticket, I am sure the officer will be in court also. Say what you want, the judge will decide. You said you did not increase your speed when entering the intersection on a yellow light...what was your speed when you entered? IF you were already going fast what does acceleration have to do with it. You spoke of the other vehicle not yielding to you-they don't have to yield when they have a green light, which I assume they did since you admitted to the light changing to red and you were still in the intersection. ALSO you stated YOUR vehicle obstructed the officers view...ummm..well self explanitory. You knew something was wrong or you would not have been monitoring the officer..ie "I thought everything was fine " since you saw no blue lights...

Issuing a ticket is the officers discretion. I believe he gave you a fair deal.
__________________
Fide, sed qui, vide.

Last edited by dequeendistress; 10-17-2003 at 02:42 PM.
    Reply With Quote
  #7  
Old 10-17-2003, 03:26 PM
ejowens
Guest
 
Posts: n/a
First of all, I was going the speed limit. My point was that I did not try to beat the red light, nor did I speed up when I saw the light turn yellow. Secondly, the car that turned in front of me had my same light. Picture it this way, I approach an intersection and to my right is a paking lot. The truck was coming the opposite way and turned left in front of me into that parking lot. His light could not have been green, since the lights are the same, understanding now? As for myself, sure I was a little nervous since I was in a questionable position, but I didn't really feel I had done anything wrong. And if it was really such an absolute violation, why did the officer wait to decide to follow me?
    Reply With Quote
  #8  
Old 10-17-2003, 03:40 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,023
Quote:
And if it was really such an absolute violation, why did the officer wait
Did he possibly need to wait for a green light? ie "officer was right behind me" "the light turned red as you were in intersection"

Was he in traffic, he had no cause to turn on his lights and take off at 110 mph sweeping in and out of traffic just because you ran a light? If he had, this would have been the subject of your post:"officer drives recklessly to give me my traffic ticket"

You got a ticket (period) You don't agree, then don't agree in court. Just remember had he cited you for reckless driving the fine is ALOT more, and your insurance co would have really liked you alot more!

[url]http://www.state.tn.us/safety/graphics/chaptr7.pdf[/url]

[url]http://www.state.tn.us/safety/graphics/chaptr8.pdf[/url]
__________________
Fide, sed qui, vide.

Last edited by dequeendistress; 10-17-2003 at 03:52 PM.
    Reply With Quote
  #9  
Old 10-18-2003, 02:18 PM
Senior Member
 
Join Date: Oct 2001
Location: california
Posts: 7,789
if you entered on a yellow light, the left turning truck has to yield to you.

Obviously the officer is claiming you entered on a red light, right?

So it will be your word against the officer's as to the color of the light when you entered the intersection. Good luck.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:37 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.