Running Red Light

[Tallrat]

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

This morning I was going to work and ground was snow covered. I was going about 35 to 38 mph in a 45. As I came to light it turned yellow. I applied brakes and started sliding some. I knew I would end up in middle of intersection before completing stop so I went through. I would say I was about 1/2 way into intersection when light was red.

Now I know when you get down to the facts I am in the wrong but most officers might take that the roads were bad and cut some slack and driving well under posted speed. I have been driving for 34 years and have never had an accident or ticket before.

So my question would be, If I plead no contest and explain this to mayors court would there be a possibility of a lesser charge or should I just mail the fine in? Actually the cost doesn't bother me much but the points do although my insurance guy said not to worry about it.

Thanks for any info and thoughts.

 

[The Occultist]

It's possible you can try to use the Law of Necessity defense, but end up just changing the charges to reflect your inability to control your vehicle.

You should likely find an attorney. A local attorney knows best what the courts want to hear, and as such present the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so take advantage of this and sit down with a couple to see what insight they may have to offer.

 

[I_Got_Banned]

I would say I was about 1/2 way into intersection when light was red.

I know I'm being anal here but bare with me.

Its not about where you were when "the light was red" its about where you were when "the light changed to red".

I know what you meant and you know what you meant but a statment like that in court might not buy you any slack.

With that being said, and if you can prove that you entered the intersection on yellow then the violation should be dismissed. However, since the officer is well aware of the fact that a violation can only occur if you entered the intersection on red, I can assure you that he will testify that you allegedly entered the intersection on red. Usually, the courts tend to believe the officer's version of what did occur as opposed to yours or mine for that matter. And you'd have a difficult time disproving that. I'm not discrediting your version... I'm just saying that's the way the system works.

I was going about 35 to 38 mph in a 45....

Now I know when you get down to the facts I am in the wrong but most officers might take that the roads were bad and cut some slack and driving well under posted speed.

I would not call 35 to 38 in a 45mph zone "well under the posted limit".

Considering the fact that the stopping distance is more than doubled when it is snowing and the roads are slippery, I would assume that driving at half the posted speed would have been more reasonable and prudent.

although my insurance guy said not to worry about it.

Yeah, sure... I bet you that's a conversation that your insurance guy is bound to forget come renewal time. I bet he won't put it in writing...

 

[snowfunatic]

Correct me if I'm wrong, but did an officer actually stop you? Or did a camera posted at the light snap your pic? If it's the latter, most states don't assess any points against you because they can't tell whether you were actually driving the vehicle or not.

If you were stopped by an officer, I would try to go to court and maybe plead for traffic school, especially since you have a clean record. I would definitely go to court and try to fight it. There are more chances that you will get it dismissed or have a reduced charge than you actually coming out worse. Worse you'll be at square one and would have lost court costs. But at the end, you would have given it a fair fight. That's what I would do. I never go uncontested... It's basically admitting guilt.

 

[LSCAP]

I dont know a thing about Ohio.
In NY your could ask for an ACD (adjudicated contemplating dismissal)
In NC. they call it a Prayer for Judgment.
No violations for a set period of time. Six months? Twelve months? I don't know.
and the ticket doesnt show on license. ie dismissed since you've paid court costs.

 

[Zigner]

I dont know a thing about Ohio.

Then please don't post "advice" on an Ohio thread.

 

[LSCAP]

I am only suggesting that the op request the equivalent of a PRAYER FOR JUDGMENT, which is common in many states but may have a different name.

To quote you----Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is!

 

[FlyingRon]

There is no ACD (that's a New York Thing) or PFJ/PJC (that's a North Carolina THing) or ARD (that's a Pennsylvania thing) or VADIP (that's a Virginia thing) nor any other commonly used deferral in Ohio.

 

[Zigner]

I am only suggesting that the op request the equivalent of a PRAYER FOR JUDGMENT, which is common in many states but may have a different name.

Again - don't guess. If you don't know, sit it out!

 

[Tallrat]

Pleaded no contest, told my side of the story and they dropped it. I work at a police dept and boss told me normally police employees are usually let go for just about anything of that nature. Prosecutor in my city called that cities prosecutor and told me to come in and plead no contest and tell my story. I was told that the guy is one of those that likes to stop people and hit them up for everything he can, cracked wind shield, loose plates, etc.

 

[I_Got_Banned]

Pleaded no contest, told my side of the story and they dropped it. I work at a police dept and boss told me normally police employees are usually let go for just about anything of that nature. Prosecutor in my city called that cities prosecutor and told me to come in and plead no contest and tell my story. I was told that the guy is one of those that likes to stop people and hit them up for everything he can, cracked wind shield, loose plates, etc.

Wait! I'm confused!!!!
You entered a plea of "no contest" & they said "wait, we'd like to hear your story, maybe we can work this thing out"!
You proceeded to tell your story & the judge said "case dismissed"????
Only in Ohio!!!

 

[Tallrat]

No I was told to go in and plead no contest. In that city you can plead, No contest, Guilty or not Guilty. If you plead not guilty you are given a court day at the county building and officer has to show up. After I plead no contest ( You admit that it happened but there were circumstances) I then got to tell my side of story, prosecutor dropped it. They allow this so not every one has to go to county and clog up the courts. They can drop it, charge only court fee, charge ticket and court fee or change it to non moving violation.

http://www.nridgeville.org/departments/court/rightsincourt.asp

 

[LSCAP]

Better than prayer for judgment.
Thanks for giving us the results.