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Ticket For Avoiding Traffic Signal

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Larrye

Junior Member
What is the name of your state? NY,Nassau County.

( 11:15 p.m.) I had waited at a traffic signal for about two minutes and it had not changed. Thinking the light was broken, rather than go through it, I backed up a few feet and went into a parking lot that exited on the street I needed to turn onto. As I was going into the lot, I noticed that a police car (lights flashing) was in the process of stopping another vehicle on that street. I kept on going, and turned onto another street (heading home) which was about a mile up the road. The police car came up behind me, pulled me over and the occicer told me I was getting a ticket for avoiding a traffic signal.

I started to explain but he cut me off and shouted: It's a ticket! Thinking he was obviously annoyed about something, and not wanting to get confrontational, I shut up. The ticket had a court date and when I go, do I plead not guilty ? Guilty with a explanation (is it valid)? Or am I really guilty?

Also, is that a moving violation with points?
Thanks,
Larrye
 


S

seniorjudge

Guest
Larrye said:
What is the name of your state? NY,Nassau County.

( 11:15 p.m.) I had waited at a traffic signal for about two minutes and it had not changed. Thinking the light was broken, rather than go through it, I backed up a few feet and went into a parking lot that exited on the street I needed to turn onto. As I was going into the lot, I noticed that a police car (lights flashing) was in the process of stopping another vehicle on that street. I kept on going, and turned onto another street (heading home) which was about a mile up the road. The police car came up behind me, pulled me over and the occicer told me I was getting a ticket for avoiding a traffic signal.

I started to explain but he cut me off and shouted: It's a ticket! Thinking he was obviously annoyed about something, and not wanting to get confrontational, I shut up. The ticket had a court date and when I go, do I plead not guilty ? Guilty with a explanation (is it valid)? Or am I really guilty?

Also, is that a moving violation with points?
Thanks,
Larrye
Q: Or am I really guilty?

A: Based solely on the statement you presented, yes: "Thinking the light was broken, rather than go through it, I backed up a few feet and went into a parking lot that exited on the street I needed to turn onto."



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.
 

JETX

Senior Member
Larrye said:
The ticket had a court date and when I go, do I plead not guilty? Guilty with a explanation (is it valid)? Or am I really guilty?
Of course you can offer your excuse to the court, though I doubt it will do much good.... that is unless you can prove that the light was in fact broken.

Also, is that a moving violation with points?
Yes, it would normally be a moving violation. Don't know about the points. Contact the court and they will answer.
 
S

seniorjudge

Guest
Larrye said:
Seniorjudge, Jetx, Thanks for the replies.
You are welcome and THANK YOU for not barking at us when we gave you correct and legal responses (even though it was not what you wanted to hear)!

:D
 

Larrye

Junior Member
This is a great forum. So much professional help and advise. And at these prices, nobody should bark.
 

You Are Guilty

Senior Member
To elucidate a bit, here's why you're guilty:
NY VTL said:
§ 1225. Avoiding intersection or traffic-control device. No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device.
I believe it is a 2-point (falls under the "other" category) violation. Although, I suppose it could also be a 3-pointer, if they consider it a "failure to obey traffic device" violation. It depends on which you got written up for.
 
S

seniorjudge

Guest
You Are Guilty said:
To elucidate a bit, here's why you're guilty:


I believe it is a 2-point (falls under the "other" category) violation. Although, I suppose it could also be a 3-pointer, if they consider it a "failure to obey traffic device" violation. It depends on which you got written up for.
OP, YAG gives you more good reason to ask for a non-moving violation.
 

Larrye

Junior Member
Thank you all for your replies. A question for senior judge: I live in the city of Glen Cove, and I'm not sure if you talk to an ADA first (like in Nassau County courts), or just go before a judge. Would I be able to ask a judge if I could plead to a non-moving violation, or would he offer something like that?
 
Last edited:
S

seniorjudge

Guest
Larrye said:
Thank you all for your replies. A question for senior judge: I live in the city of Glen Cove, and I'm not sure if you talk to an ADA first (like in Nassau County courts), or just go before a judge. Would I be able to ask a judge if I could plead to a non-moving violation, or would he offer something like that?
Judges do not offer legal advice.
 

Saul pagan

Junior Member
Ticket for avoiding traffic signal.. but i wasnt at the light

I also got a ticket and the violation was for avoiding traffic ligh n sign.. but my issue is i wasnt at a light .. i made a turn into a parking light of a small plaza thats in the middle of a block. Ive been going through it for 8 years not knowing i could get a ticket for it. I knew i couldnt cut through a parking lot if i was at a light and i cut through a gas station lets say to avoid the lights but i didnt do that.. there is a light far down at the end of the block but not close to where i turned into. And i always make the turn cuttings through not focusing on the light since the light is far down its just something im use to do as long as there is no cars coming by on the opposite side, if not i go down to the end of the block just to avoid blocking cars behind me.. so my question is is this something i can win and i put not guilty.. i mean the officer never mentioned anything about him pulling me over due to me avoiding lights. It was just him saying owner been complaining about cars cutting through and that i cant do that. Which i didnt know i couldnt to be honest.
 

Zigner

Senior Member, Non-Attorney
I also got a ticket and the violation was for avoiding traffic ligh n sign.. but my issue is i wasnt at a light .. i made a turn into a parking light of a small plaza thats in the middle of a block. Ive been going through it for 8 years not knowing i could get a ticket for it. I knew i couldnt cut through a parking lot if i was at a light and i cut through a gas station lets say to avoid the lights but i didnt do that.. there is a light far down at the end of the block but not close to where i turned into. And i always make the turn cuttings through not focusing on the light since the light is far down its just something im use to do as long as there is no cars coming by on the opposite side, if not i go down to the end of the block just to avoid blocking cars behind me.. so my question is is this something i can win and i put not guilty.. i mean the officer never mentioned anything about him pulling me over due to me avoiding lights. It was just him saying owner been complaining about cars cutting through and that i cant do that. Which i didnt know i couldnt to be honest.
Please start your own thread - this one is nearly 12 years old. Thank you.
 

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