Pulled over for running a "red" (yellow) light

[vyfxdotcom]

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

I was pulled over tonight in Freehold, NJ for "running a red light". During the stop I disputed the claim since I was positive the officer was wrong. When asked for my documents I did not have my updated insurance card on me (policy just renewed last week). The officer returned and gave me a ticket for failing to provide insurance-- okay, fair. He did not write me a ticket for running the red light, although that was the basis for the stop.

However, luckily for me I have a GoPro in my car that recorded the entire incident. I watched back the video and the light in question was actually YELLOW when I went under it. It did go red while I was already through the intersection but I did not cross the stop line while the light was red. There was a good 1.0 second before it went red.

I know I can go to court and show my insurance was in fact valid during the stop, and if I get a good judge they can waive this insurance docs ticket. But my question is-- if I bring this video to court to show that the stop was unlawful should that be sufficient to waive the ticket? In my opinion my constitutional right to freedom of movement was violated since I never committed a traffic violation to constitute a valid traffic stop.

Failing to provide insurance docs in NJ is a $180.00 fine + potential court costs so this is a pretty significant deal to me.

The ticket for failure to provide insurance docs was given after the cop claimed I was stopped for running the red, which was blatantly untrue.

Thank you.

 

[HighwayMan]

You don't necessarily know the reason that the officer stopped you despite what he told you.

If you want to spend ALOT of money with an attorney (because I doubt you can do this yourself) then maybe you would make some headway here. But that's a big chance you take for little gain.

Renewing your policy recently is NOT an excuse for not carrying the required proof of insurance.

 

[FlyingRon]

Your charges are not adjudicated on the side of the road. The officer only needs reasonable suspicion to pull you over and probable cause to cite. Once given reasonable suspicion they're free to check you for license, registration, insurance, ...

Just because you can show you were innocent doesn't mean the stop was unlawful.

 

[OHRoadwarrior]

Hopefully, your camera evidence does not show you otherwise broke the law to make the light under yellow if charges are amended.

 

[FlyingRon]

Hopefully, your camera evidence does not show you otherwise broke the law to make the light under yellow if charges are amended.

Note the charge doesn't necessarily need to be amended the NJ law on yellow lights requires cars to stop on yellow before entering the intersection unless the vehicle
"is so close to the intersection that with suitable brakes it cannot be stopped in safety."

However, I get the sense he wasn't actually charged for that, just the insurance violation.

 

[vyfxdotcom]

Your charges are not adjudicated on the side of the road. The officer only needs reasonable suspicion to pull you over and probable cause to cite. Once given reasonable suspicion they're free to check you for license, registration, insurance, ...

Just because you can show you were innocent doesn't mean the stop was unlawful.

Thanks, checked this as well and it's apparent the stop was definitely lawful. The intersection has a stop line, then a crosswalk about 50 feet beyond the stop line. The light was yellow when I crossed the stop line, but red when I went through the crosswalk.

According to NJ and the DOT, the stop line is the point of measure and supersedes the crosswalk when ticketing for a red light run... so the fact that I was over the stop line before the light went red clears me from that right away. But to the cop I could understand the reasonable suspicion since it was technically close.

@HighwayMan the cop literally said he stopped me for running a red light.. it was recorded on audio and was the first thing the cop said to me. So he made it very clear this was the reason. Also I didn't say I was disputing the insurance docs ticket. I know I didn't have the updated card on me and got a ticket.. fair. My question was whether writing me that ticket was lawful because the stop itself was not (i.e. I did not run a red light). But now I see the cop did in fact have reasonable suspicion to stop me, so if I got a secondary ticket from the stop it's simply my fault.

My best bet now is probably just bringing the docs to court and hoping for a nice judge

 

[HighwayMan]

Thanks, checked this as well and it's apparent the stop was definitely lawful. The intersection has a stop line, then a crosswalk about 50 feet beyond the stop line. The light was yellow when I crossed the stop line, but red when I went through the crosswalk.

50 feet? That seems like a strange arrangement. Crosswalks are not in the middle of intersections. If the light was steady red before you entered the intersection, well...

@HighwayMan the cop literally said he stopped me for running a red light.. it was recorded on audio and was the first thing the cop said to me.

He can tell you anything. There is no legal requirement to tell you the reason for the stop or to be truthful. Recorded or not.

 

[FlyingRon]

1. Cops are allowed to lie.
2. Cops are allowed to be wrong.