Traffic Ticket Advice

[ChuckS1]

My wife and I got stopped last evening by a Fredericksburg City policeman. We were in my Miata and I went through a yellow light. The LEO asked me why I ran a red light and I replied, politely, that it was yellow. He took my license and registration and, after a few minutes, came back with a ticket for inattentive driving. As far as I know, going through a yellow light isn't illegal, so I'm thinking I should go to court. I figure if he thought I was going through a red light, he should should ticket me for it. But, since he didn't, I'm wondering if he's just trying to meet his ticket quota. Besides, how could I have been "inattentive" if I knew it was a yellow light?

What do you guys think? TIA.

 

[pharmer]

Go to school, pay the "revenue enhancement assessment." I go to the "comedy" ones, very entertaining. Joe

 

[Evil Dog]

It's always been my experience that when in traffic court and it is a case of my word against the policemans word.... I usually lose.

 

[m657]

A friend of mine years ago was in 1st year law school....stopped for the same thing (Oregon). Being a student with otherwise no time constraints, he went through a number of court dates/reschedulings before finally winning.

His argument was that the Yellow Light was indication that there WOULD BE a red light, but there wasn't as of the time he entered the intersection. He was able to demonstrate at THAT time at least, the YELLOW light was not the same as the red light, and there was nothing on the books under which he could or should be ticketed.

YMMV. I bet they've heard them all before. Good luck.

 

[Alk8944]

Before anything you better find out what Fredericksburd City Ordinances say about traffic signals, you just might find out he was right.

Some jurisdictions ordinances have wording concerning red lights similar to "...shall not enter or be crossing the intersection when the red light is displayed". Just getting into the intersection on yellow may not satisfy the legal requirements. If this is the case, and you were not in a position to observe the light when you cleared the intersection you really won't have any argument.

Don't depend on State Traffic Code, in many states city ordinance takes precedence within its area of jurisdiction.

You also should check with your states Driver License Division and determine before going to court how they classify "Inattentive Driving". Is it a major or minor violation? It may carry the weight of a major violation the same as reckless driving, DUI/DWI, or even speeding more than 20 MPH over the limit or speeding in a school zone. All these are major violations in some states, and are so defined by insurance companies and may make you ineligible for "Preferred" or "Standard" insurance. If you know you don't really have an argument speak with the prosecutor about pleading guilty to the red light instead of the inattentive driving. Then ask about diversion by attending traffic school if that will avoid a points accumulation on your license.

Just between us, if the inattentive is a major he was just being an a**hole for writing that section instead of simply the red light if he thought he could prove that.

 

[gunlovingirl]

Back quite a few years ago, I was also stopped and ticketed for running a red light. I had a passenger with me. I told the officer the light was yellow, and I couldn't have made a safe stop. I went to court, and myself and my passenger both said the light was yellow. It was thrown out.
I'm curious about "inattentive driving." Why not ticket you for running a red light if he really thought you did? If cops around here gave tickets for inattentive driving, 99% of the drivers would be in court!

 

[Spotteddog]

One things certain, I've never received a ticket I didn't deserve. And often they were for far less than the appropriate amount?

 

[Evil One]

One things certain, I've never received a ticket I didn't deserve. And often they were for far less than the appropriate amount?

Amen...
If you screw up... man up and tack your knocks.
I never understood blowing yellow lights... They mean caution red is coming.
Red means stop... therefore yellow = get ready to stop.


Jim

 

[BrianE]

Without any doubt fight it... You and your wife should go and explain... Yea, some people say buck up and pay it, and thats fine, but your insurance goes up and in the long run, it hurts pretty bad. If I were you, I would have sent in that ticket already!

 

[TRanger]

I have never, in 21 years, stopped someone for running a red light who didn't say they thought it was yellow. Pay your fine and avoid the court costs.

 

[gunlovingirl]

I also believe in admitting to a mistake and paying up. IF you're guilty. While I agree most people probably say they "thought" the light was yellow, I don't agree that the officer is always right and the driver is always wrong. Yellow does mean caution, and be prepared to stop. But there's still such a thing as an unsafe stop, and unless you're in danger of hitting another vehicle in the intersection, sometimes it's safer to go through the light than it is to slam on your brakes and end up stopped in the middle of an intersection. I've received tickets in the past, and always paid them, because I was guilty. But I refuse to pay if I'm innocent. LEOs are human and make mistakes too. Despite what some of them think.

 

[CAJUNLAWYER]

Here are four alternatives:
1. Hire a lawyer. You are right-this needs to be fought. Get experts to measure the timing of the light. Get engineers to gauge the cooefficent of friction on the roat to prove you operated safely, that you could not have made a safe stop which is why you ran the yellow light. Total cost-probably around 7-8k after paying expert fees and lawyer fees, not to mention your time and you still might loose in court.
2. Hire a lawyer. Pay him $300 for his time. He will talk to the DA and get him to amend to a non moving violation-pay a fine and move on. It's off your record and just be more careful.
3. Talk to the DA yourself; chances are he will reduce to a non moving violation, let you pay a fine and move on.
4. Go to court yourself and fight it. If you are lucky it will only be twice, once for arraignment (which will take tou all day cause they ALWAYS take the traffic tickets last) and the next time for trial-which will also take all day cause they will do pleas first, then take the defendants with lawyers and then last take those who are "protecting their rights" themselves. You will probably have to come back a third day cause either, a) they run out of time or b) the cop doesn't show (the judge ALWAYS gives the state anothe bite at the apple-they won't dismiss until the cop doesn't show the second time).

If you're a local, I reccomend step # 3. If you're an out of towner, I suggest step # 2 (Judges & DA's DO take into account the fact that you are leaving a little bit of money in the local economy ) I DO NOT reccomend step #4 if you are an out of towner-Bad enough playing without homefield advantage and on your own is asking for it!!!!!

Back when I was young and idealistic and has time to burn I would right these wrongs, but after 27 years of practicing law, the idealism has pretty much been beat out of me and I'm pretty much just in it for the money.


And after it's all said and done.....FIDO - life is too short.

 

[Centenniel]

What Cajun Lawyer said.

 

[Muley Gil]

Here is a link to the Code of VA on traffic signals:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-833

Here is the link to traffic laws in general:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC46020000008000000000000

And the Code of Virginia complete:

http://leg1.state.va.us/000/src.htm

Didn't find anything on "inattentive driving".


As was stated before, see if the ticket was written on the state code or local law.

 

[ingmansinc]

You ask for advice and Cajun gave you pro advice for free. What a deal.

 

[fiasconva]

What Cajun said but if you have a good driving record, no other tickets you may want to fight it in court. A lot of judges in VA will look at your record, and if you are clean, continue the case for 6 months. If you don't get another ticket during that time, you'll be found not guilty and your record will be cleared. That has happened to numerous friends of mine.

 

[cass]

Pay the fine.

 

[HOUSTON RICK]

The jurisdiction at issue will get your money. You have been selected for your turn to pay the unpublished toll on the public road. Even if you can prove that you were legally dead at the time in a hospital in Uganda - they will just change the charge to driving post mortem and double the fine. The traffic court does not even marginally care what actually happened - they have already spent your fine and will participate in anything that helps them keep or enlarge it without regard to credibility. Short of a blaring defect in your charge, law, facts reason and cases are for other courts. The best you can hope for is an arrangement that will not screw with your insurance. You will find that for an additional fee, the court is quite willing to grant you some combination of driving classes that erase your offense - other than the fine - deferred adjudication, or probation. Most people deserve the tickets they get in normal times, but the governments are looking for ways to get more of your money, and you can count on the casual enforcement of some tickets that might not even be written in normal economic times. Good luck.

 

[GatorFarmer]

I don't know how things work in VA, since I haven't gotten a ticket here. Back in MI, when I had to go to court over one, there was no arraignment or anything so convoluted. I just talked to the magistrate and told him what happened. The officer that wrote my ticket actually told me to go to court over it, that he had to write up "X", but he'd get it knocked down to "Y" in court. He was true to his word. I was the only one well dressed and not yelling, so the magistrate was also happy with me.

But I digress...

(This is one of those situations where Prepaid Legal is nice to have. You pay your monthly fee and not only do they write your threatening letters for you (you get X number a year, which pays for the cost of the membership), but they provide an attorney to go to court for you on any traffic matters as part of the plan. There I go digressing again...)

What I'd do, if you can spare the time, is go to court and talk to the magistrate/judge/whoever politely if you think that you're in the right. You certainly have the right to due process and availing yourself of a hearing and being heard. It could be that the presiding official will throw the ticket out or reduce the fine. Who knows. Doesn't hurt to try.

 

[Evil Dog]

But officer.... I was just trying to maintain a safe distance between me and the car behind me !!! That didn't work either.