running red light? lawyer or no lawyer

I said it wouldn't go down well......

 

Sounds like you have a start on your defense? Don't let these naysayers scare you. What can they do worst scenario fine you. What can they do if you settle, fine you. Sounds like you got one way to go up..
Don't hire a lawyer and then not go if you're not there. They don't care.
several years ago I had a lawyer tell me a man who represents himself has a fool for a client. A couple months later he was handing me two checks for 8,000.00 a vehicle title and the keys to my shop.
Sounds to me if you are accurate in your account , you have a good defense.
A violation can be set aside if safety was better served by your actions.
Pictures, video and good clear testimony should win your case.
One thing I would ask is where was the officer did he have a clear view was he far enough away to mistake the actcual distances? How is his eyesight last eye exam?

 

Add some poor soul that should have never left their stoped posistion before looking and thats supposed to make things different?
I look before moving after being stopped at a red light thats defensive driving. Whats easier making sure it's clear or a vehicle moving 50MPH
guess the last thing lil momma or gramps might hear will be beep-beep,
How do you tell the difference between a stale and fresh light?
Are they date coded? Deal with facts and not emotions you've watched to much oprah

 

Come on, let's get a grip on this situation. To the OP, there is absolutely no problem in you contesting your citation. Take all the facts that you have available, and have your day in court. But remember, this is traffic court, not a capital crime. You are being misled if you believe that you are going to have something similar to a probable cause hearing before the trial. If you want evidence of the officers last eyesight exam, ask for production of the officers citations for the last six months, some hokey-pokey motion to dismiss, etc,......you are going to go down in flames while entertaining everyone in the courtroom.
Your testimony is key, as is the testimony of the officer. Honestly chalupa has given you the best overall advice. The investment in a local lawyer is usually a wise investment because they know the customs and practices of that particular court system.
I wish you the best of luck.

 

I beat a ticket in court for the same thing.

Made a video of the light, 24 vehicles running it in one hour.

Used the Ohio Commercial Vehicle Handbook used for getting CDL's to calculate the distance/time needed to stop a big truck, kinda hard for them to argue against their own publication.

Made a diagram of the intersection showing the distance needed to stop vs. what they give you.

Yellow light was set for 2 1/2 seconds, timing it with a stopwatch I could only get 2 3/4 seconds. City enginneer said he didn't care, take it to court.

Admitted that I ran the light and the officer was right to cite me, but it was impossible to stop. I did not question the officers judgement/abilities, just the incorrect light.

Judge said he agreed on the light and told the city prosecutor to get the light changed. Appreciated my honesty and was surprised that I represented myself.

 

Get the facts on the light. Even if you have to put up a camera and video it for an extended period of time. The judge will review it.

Contact the local traffic engineer. Was it a state local jurisdiction. Depending on how they have it set up, they may have it as a revenue base. If you can or need to, file a subpoena with both the engineering department to get the timing information and with the local police to get a ticket count on the place. Shows history and intent.

print out a google or bing (bing would show better detail) map and show distances. Figuring stopping distances as well as distances needed based off the timing of the lights.

And go take pictures of the skid marks if you haven't already.

WORST case scenario.

Talk with the prosecutor. Offer a stay of adjudication to a petty misdemeanor. They still get their money, you "plead" guilty with the understanding that if you don't get another ticket in 6 months, this one will never go on your record and the court dismisses it.




Little known fact (at least in MN) Speed jurisdictions are required by design to have a speed study done every 5 years. They need to be posted at what 80% of what the current drivers are actually doing if allowed by current design of the road. So that 45 mph Speed zone if everyone is doing 50 through that rural town with nothing around, can/should be reposted. There are some other big factors to consider on it. But something to consider.

 

if the light was still yellow when you crossed the white line. then you didn't run a red light. you ran a yellow light.

and if the court thinks you can stop 80k pounds. ask them to come try it.

it's not a matter of being in control. it's a matter of 80k don't stop on a dime.

the lesson i was taught in training is to always watch the crosswalks for those pedestrian lights. when they start counting down. you know the light is about to change. but a lot of small towns don't have traffic lights that fancy.

try driving a flatbed. slam on your brakes and you can plan on your load sliding forward. and if your hauling rebar or pipe. that's already sitting 2 feet from the cab.

 

DOT Standard is that a traffic light should produce an amber light for 1 sec for every 10 miles per hour posted. So your light at 65 mph should have stayed yellow for 6.5 sec. This however is different for every state. It is my understanding and I may be wrong here that the 1 sec for 10 mph is a suggested guideline by the Federal DOT.