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  1. #1
    sominator is offline Junior Member
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    Apr 2011
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    Traffic Violation - Running a Red Light in CT

    The other day while driving home from a job interview, I successfully turned on a yellow light. The light changed red and I was pulled over by a police officer. The officer asked if I knew why he pulled me over and I responded yes. I assumed that it was for speeding but when I got home, I reviewed the ticket and found that my ticket was driving through a red light. I would like to plead not guily.

    My question is: If I plead not guily, what will most likely occur when I goto court? What is the worst case scenario in my hearing? Finally, I was driving my sister's car and I am not under her registration or anything of the sorts. What will happen to her car and insurance if I was found guilty in court?
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
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    16,327
    Her car and insurance isn't going to be affected. You show up in court and you'll likely be found guilty and you pay the ticket/costs and suck up the points. If you ever get your own insurance in the next three years, you may end up paying a little more.
  3. #3
    Bruno is offline Member
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    Jan 2007
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    In the light of what transpired between you and the police officer, you will be most likely found guilty in court.
  4. #4
    Join Date
    Mar 2011
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    269
    Sec. 36-11. Information and Complaint; Use
    All felonies shall be prosecuted by information.
    All misdemeanors, violations, and infractions shall
    be prosecuted by information or complaint. In all
    jury cases, and in all other cases on written
    request of the defendant, the prosecuting authority
    as of course shall issue an information in place
    of the uniform summons and complaint.
    (CT Criminal Practice Rules)


    You could ask for an information to replace the ticket. All infractions are adjudicated by the criminal procedure per CT law.

    So, you can write the DA and ask that the ticket be replaced with an information. Also let the infractions bureau know that you cannot plead until you obtain the information.

    It is likely the DA will not prosecute the case after the request is sent to him .. you'll need to hound the DA's office ... And I would deliver the request letter personally to their office.

    Additionally, you have other defenses .... check and see if the yellow light has the required time period needed ....

    Yellow light, minimum time period required = t + (1.47V)/(2(a + 32.2g))
    Where:
    t = perception-reaction time to the onset of a yellow indication, s; (which is typically set at 1.0 seconds)
    V = approach speed, mph;
    a = deceleration rate in response to the onset of a yellow indication; (which is typically set @ 10ft/s^2)
    g = grade, with uphill positive and downhill negative (percent grade / 100), ft/ft;
    W = width of intersection, ft; and
    Lv = length of vehicle. (which is typically set @ 20 ft)

    If the time is too short, then you have an excellent affirmative defense.

    Other than these two approaches, the chances of winning are slim ... it will be your word v. the cops & you'll lose in this scenario.

    And be prepared for at least 3 or 4 trips to the court. 1st) to request an information 2nd) for your arraignment (to plead guilty or not guilty) 3rd) for your first trial (which is a rubber stamp guilty) 4th) for a trial de novo (new trial -- requested w/i 5 days of losing your first trial -- its a new trial in front of an actual judge).


    If you want to ... you could ask for an information & then demand a jury trial (all cases brought by information can be heard by a jury) .. expect the demand to be denied ... but it allows for a nice appeal.


    So you can win your case; it will just take a lot of effort.

    First I would go chk the yellow light times & post back with the result .. note the speed limit & grade of the road (level etc.). If it is too short then the ticket is no good ... and you may wish to use only this avenue of attack.

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