Right Turn on Red/Running Red light

[aidanair]

What is the name of your state? NJ
So i was driving on a highway and i came to a traffic signal. I was doing about 40, and i didnt want to miss the light to make my right turn. I put my signal on and get into the right lane. there were no cars in my direction of traffic. Right as i get about 100 feet from the line, the light goes yellow. Wanting to not wait for the light (its a delayed green on all sides, about a 5 minute wait) i continue to make the turn. At that point, if i had hit the brakes to stop, i would have slid about 200 feet. the road was wet from light rain and it was extremely slippery. About a half mile down the road, i get pulled over. The cop asked why i kept going, i said the light was still yellow and if i had stopped i would have slid. he writes a ticket and gives it to me, then says he could have given me a worse ticket with a heavier fine or something. the ticket he gave me is a 39:4-81. he mentioned something about court but the ticket is so horribly written i cant tell if it requires a court appearance or not. What is the penalty for this? can i beat this in court?

[aidanair]

cmon someone has got to know something about this.. anyways ive been reading up.. the cop was in a pretty ****ty place to make a call on the light.. i mean he was either on the other side or on the left side of the intersection.. either way cant i bring up the following. i had entered the intersection, then it turned yellow. it would be unsafe for me to try to stop at this point for the roads were wet and slippery.

[JETX]

Originally Posted by aidanair

What is the name of your state? NJ
So i was driving on a highway and i came to a traffic signal. I was doing about 40, and i didnt want to miss the light to make my right turn. I put my signal on and get into the right lane. there were no cars in my direction of traffic. Right as i get about 100 feet from the line, the light goes yellow. Wanting to not wait for the light (its a delayed green on all sides, about a 5 minute wait) i continue to make the turn. At that point, if i had hit the brakes to stop, i would have slid about 200 feet. the road was wet from light rain and it was extremely slippery.

Then you were driving recklessly.
You are required to drive safely. By your own admission, you weren't.

the ticket he gave me is a 39:4-81. What is the penalty for this?

39:4-81 Traffic signals, observance; rule at nonoperational signals.
39:4-81. a. 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.

b.When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.

can i beat this in court?

Based on your post, unlikely.

[aidanair]

your honor,as pictured in the diagram here, the cop was on the other side of the intersection and could not see precisely what color the light on my side was. its a 4 way delayed green, and the light is only lit on one side. it was yellow when i entered the intersection, and it was red once i crossed the intersection. at that point if i had stopped i would have slid, causing an unsafe maneuver. your honor, thank you for your time.

[JETX]

Originally Posted by aidanair

your honor,as pictured in the diagram here, the cop was on the other side of the intersection and could not see precisely what color the light on my side was. its a 4 way delayed green, and the light is only lit on one side. it was yellow when i entered the intersection, and it was red once i crossed the intersection. at that point if i had stopped i would have slid, causing an unsafe maneuver. your honor, thank you for your time.

Court: "The law says that you must adjust your driving to the current road and weather conditions. You failed to do so, by your own admission that you were driving too fast for the road conditions and would not have been able to safely stop if necessary. Further, this court does not agree with the assumptions you present versus the officers testimony and you have failed to provide any reasonable evidence to support your defense. The court finds you guilty of the citation. Please pay the fine to the court clerk."

[aidanair]

do i have to appear in court? the ticket does not say whether i do or not.

[JETX]

Originally Posted by aidanair

do i have to appear in court?

That is likely a local court rule... so call the court and ask if you can simply pay the fine prior to the court date.

[Hey There]

12-23-07

aidanair
FROM YOUR POST:

the cop was on the other side of the intersection and could not see precisely what color the light on my side was. its a 4 way delayed green, and the light is only lit on one side. it was yellow when i entered the intersection, and it was red once i crossed the intersection. at that point if i had stopped i would have slid, causing an unsafe maneuver

Reference from my states' drivers manual
A yellow signal light means the red signal is about to appear.If you can stop safely, do so. If not, PROCEED cautiously.

According to a book published by NOLO on beating traffic tickets.
It is LEGAL for a driver to go through an intersection when the light is YELLOW. If the FRONT of a driver's car ENTERS the intersection when the light is YELLOW, it is LEGAL to continue across the intersection in most states.
A proper defence should include:
A diagram showing that the position the officer viewed your car at was obstructed if it was, along with a statement where you were when the light turned yellow and where you were when it turned red.
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YOUR POST on what you PLANNED to say in court
...the diagram here, the cop was on the other side of the intersection and could not see precisely what color the light on my side was. its a 4 way delayed green, and the light is only lit on one side. it was yellow when i entered the intersection, and it was red once i crossed the intersection....
********************
What was the posted speed on the Hiway? If a driver was going slower than" your estimated" 40mph on a Hiway how slow would that driver have to go WITHOUT impeding traffic and applying brakes quickly without skidding into the intersection? Or does this matter when driving through an intersection on a yellow light is legal?

Discovery or a Request for Public Records is an informal way for asking for a copy of the officer's notes and any other evidence he plans to use in court. How to request this information is on
Several websites that can be reached by going to Google and typing in Discovery for Traffic Tickets . If Discovery is NOT an option a request for Public Records pertaining to the case at hand can be made.
"Defending yourself in traffic ticket court "reached through a Google Search will bring you to websites which contain information on preparing to testify in court.
Other websites on the internet pertaining to your query can be reached by typing in KEY WORDS such as: Driving through an intersection on a yellow light (at Google).

Let us know the outcome of this.

Best Regards,
Hey There






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