Red Light Violation

[mixinmaster]

What is the name of your state (only U.S. law)? TN

Hi. I am a TN licensed driver but was on the VA side of Bristol when I was pulled over and written for running a red light. I saw the officer as she pulled up behind me and then went and stopped in the left hand turn lane at the intersection. I continued under the light and it turned yellow (I believe) just as I was getting under it. I went back to the intersection yesterday to look at the scene, as I was baffled how I could have plainly done something so stupid right in front of a cop. As I stood on the sidewalk at the intersection it became apparent what had probably occurred. The light turns from yellow to red in (est) 3 seconds. The speed limit there is 35, I was probably doing about 30 because of the cop and the cloudy, misty, light rain condition. At this rate I believe you would travel about 132 feet in 3 seconds. I haven't measured it but the intersection is placed far from perfect right angles, which results in an intersection that is twice as long from point to point as a "normal" intersection. I do not believe you could go from that point to point in 3 seconds. I witnessed 2 cars in less than 5 minutes get "trapped" by the light as it turns red above them. I plan on measuring, videoing, charting, and calculating the above, then going on the 23rd and pleading "not guilty"**************...What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

A very touching story indeed...

Did you have a question?

 

[mixinmaster]

A very touching story indeed...

Did you have a question?

More like advice/opinion's wanted. What do you think?

 

[HomeGuru]

More like advice/opinion's wanted. What do you think?

**A: my advice is to go with your plan.

 

[I_Got_Banned]

To present the timing of the light as evidence to the court, I suggest you contact the transportation/engineering department for the city or county where the intersection is and get a copy of the engineering survey that shows how many seconds the light is set to from yellow to red.

Keep in mind that if you entered the intersection (passed the limit line) while the light is green or yellow then you are not in violation. Considering that fact, the timing of the yellow is irrelevant since we are usually cited for entering the intersection on red rather that exiting the same on red.

However, in cases like this, the officer is more likely to testify that you entered the intersection on red rather than on yellow or green. In that case, and no matter what calculations, charts, videos and surveys you opt to show as evidence, its your word against that of the officer and chances are you'll lose that battle.

The best strategy that you can use to create reasonable doubt as far as the officer's testimony would be to get the officer to testify that he/she was in a position that could not allow him to see you enter the intersection and at the same time view what color the light was at. Although judging by what you stated in your first post, the officer was on the same leg of the intersection as you which would have allowed him/her to see both, you entering the intersection, and the status of the light at the time you did so.

 

[Maestro64]

I agree with IGB since as he described how red lights are suppose to work and when a ticket should be issue is correct for most of the US.

However, VA has different rules on red light violation. If you look up the vehicle code you were cited for in VA it will say something to the effect that you should not enter on yellow. Their law allows them to ticket people who get caught in the intersection on turning red.

This rule goes against the norm set down by the federal MUTCD.

For your information.

LIS > Code of Virginia > 46.2-833

If you read is closely, it says you should stop if it is not reasonable safe to continue if the light is yellow.

That is a catch all statement, as long as the officer can say it was their belief it was not safe for you to continue you are done.

Besides attacking the timing issue you have to get the officer to establish that there was no hazard created with you being in the intersection on red. The best thing the officer can say is no other cars were around, the fact he followed you through the intersection would indicate there was no safety issue since they continued on with you. No officer would create a safety risk.

<Begin Rant>
Keep in mind you are dealing with a state that has voted to change traffic laws to help balance their budget. This law is a perfect example, it violated the MUTCD and all the states around VA follow the standard of do not enter on red, and you can clear the intersection if entered on yellow. So any person traveling from another state will get a ticket for doing what is normal and acceptable.
<End Rant>

 

[I_Got_Banned]

However, VA has different rules on red light violation. If you look up the vehicle code you were cited for in VA it will say something to the effect that you should not enter on yellow. Their law allows them to ticket people who get caught in the intersection on turning red.

Here's the VA law on traffic lights:

§ 46.2-833. Traffic lights; penalty.

A. Signals by traffic lights shall be as follows:

Steady red indicates that moving traffic shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow.

Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection.

Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared. The amber signal is a warning that the steady red signal is imminent.