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  1. #1
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    Failed to stop at a red light...

    I was in the car with my mom...it's almost a T-intersection and the light was still green, we pull into the middle of the intersection to left turn (it's kind of a big intersection, no way possible to stay behind the white line when preparing to turn)... cars are still coming from directly in front of us, so we wait and wait and wait, and finally the light turns red.

    There's no way we could have backed up, as there were cars already lined up at the white line, we couldn't stay still because we'd be in the way of other cars (that had the green light now). We then proceeded to make the left turn, as to get out of the way of the cars now coming at us (towards the left side of our car).

    As soon as we left turned, a police car pulls out (making a sudden u-turn) right infront of us, cutting us off, angrily/****ed off pointing for us to pull over so he could give us a ticket for failing to stop at the red light.

    I'm pretty sure the police officer did not see that we were way past the white line (when it was still green) because he was like the 3rd or 4th car from the white line (on HIS side of the intersection), plus it was a slight hill so it was kinda hard for him to see where we were exactly.

    I believe he pulled us over because he saw that his light turned green, yet we still made the left.

    Should we have gotten the ticket for "failed to stop at a red light" ? Remember, we couldn't back up or stay still - we had to move out of the way. It was a big intersection as well.

    Also, on the ticket, he did not put that we were turning at the intersection so it sounds as if we just ran the red light, going straight - which is not true. My mom is setting up a court date to appeal the ticket. (she has a clean driving record, her whole lifetime career as a licensed driver - 0 traffic, speeding, parking violations)
    Last edited by peemmfivekay; 08-26-2005 at 03:24 PM.

  2. #2
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    You appeal but all likley hood is you will still loose.
    You were in effect by being in the intersection waiting to turn rather then behind the line as is required blocking an intersection.
    The same act cause dozens of accidents a month in most areas and the officer was probably watching that intersection due to complaints or a higher the normal accident rate.

  3. #3
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    That's true. Ok, say if the officer does not show up in court for the appeal. What happens?

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    Good Luck With That.

    Your "mom" Committed A Violation Of The Traffic Law. Just Becuase She Was Turning Doesn't Give Her The Right To Block The Intersection. Tell Her To Stop On The White Line Next Time.

  5. #5
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    Quote Originally Posted by peemmfivekay
    That's true. Ok, say if the officer does not show up in court for the appeal. What happens?

    Then it will be dismissed. This erks me because no matter what our excuse is, they will never reschedule a trial.
    I have been stuck doing police work and they dismiss the cite while the defendant misses they will reschedule with any pathetic excuse.

    TGY
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  6. #6
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    I don't know about Massachusets, but in Georgia, you cannot enter the intersection (must stay behind the line) until you are clear to make a turn. So in essence, yes a "red light was ran"; in Georgia anyways. If I don't show up for court, the case will be dismissed unless I have a viable excuse. However, in a case like that, it's 50/50 if the State Court judge will either find not guilty or impose a fine (guilty)!?

  7. #7
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    If the officer does not show up, might the judge still impose a fine?

    Say if the person that got the ticket, in her whole lifetime career of being a licensed driver (over 20 some odd years) has never received a traffic violation ticket before (which is true)... does it help anything? will it be taken into consideration?

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    Quote Originally Posted by peemmfivekay
    If the officer does not show up, might the judge still impose a fine?

    Say if the person that got the ticket, in her whole lifetime career of being a licensed driver (over 20 some odd years) has never received a traffic violation ticket before (which is true)... does it help anything? will it be taken into consideration?
    The judge may take whatever course of action (s)he deems practical.

    Some jurisdictions have a traffic deferment program; your mother might qualify, if your area has that.

  9. #9
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    Quote Originally Posted by FCSD2162
    I don't know about Massachusets, but in Georgia, you cannot enter the intersection (must stay behind the line) until you are clear to make a turn. So in essence, yes a "red light was ran"; in Georgia anyways. If I don't show up for court, the case will be dismissed unless I have a viable excuse. However, in a case like that, it's 50/50 if the State Court judge will either find not guilty or impose a fine (guilty)!?
    In Georgia, I would have charged your mother with obstructing an intersection 40-6-205 rather than Red Light Violation 40-6-20.

    However, FCSD is right- if you can not complete the intersection, you're not supposed to enter it. This is just common sense- or "uncommon" sense, because it's not that common anymore.

    Quote Originally Posted by peemmfivekay
    If the officer does not show up, might the judge still impose a fine?
    A person has a constitutional right to face their accuser. If that person is not there, the case will likely be thrown out.
    However it's my opinion that your mother violated the law and should be held accountable. "Worming" her way out of her responsibility is setting a bad example for her children. If I commit a traffic violation and get cited for it, I pay the ticket.
    You have no right to not be offended.-Neal Boortz

  10. #10
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    Quote Originally Posted by Centurion44
    In Georgia, I would have charged your mother with obstructing an intersection 40-6-205 rather than Red Light Violation 40-6-20.

    However, FCSD is right- if you can not complete the intersection, you're not supposed to enter it. This is just common sense- or "uncommon" sense, because it's not that common anymore.



    A person has a constitutional right to face their accuser. If that person is not there, the case will likely be thrown out.
    However it's my opinion that your mother violated the law and should be held accountable. "Worming" her way out of her responsibility is setting a bad example for her children. If I commit a traffic violation and get cited for it, I pay the ticket.
    No, I do understand that she committed a traffic violation now. I just wasn't sure. Maybe this is a Boston/Massachusetts thing but everyone I see turning, is always waiting in the middle of the intersection before they can clearly turn.

    I will warn others of this and hopefully they will change their ways when it comes to turning at an intersection.

    Thanks for clearing it up for me.
    Last edited by peemmfivekay; 08-26-2005 at 12:25 PM.

  11. #11
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    Tickets Prevent Wrecks

    We have a big problem with that problem in my town. As a result, we work a lot of wrecks because of it. Unfortunately, the most effective deterrent is a traffic ticket. People just don

  12. #12
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    [QUOTE=Tennsix]We have a big problem with that problem in my town. As a result, we work a lot of wrecks because of it. Unfortunately, the most effective deterrent is a traffic ticket. People just don

  13. #13
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    Reason for Editing.
    Last edited by lazycop; 02-15-2010 at 06:31 PM.

  14. #14
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    Quote Originally Posted by lazycop
    I cited a lady for this same thing last night. The way I explained it to her is the same way they explain it in court. You must "clear" the intersection "before" the light turns red. Anything else is a violation.

    She kept trying to argue with me. I will be happy to see her in court while I earn my 6 hours of time.
    The officer didn't say anything. He basically asked for license and registration, walked back to his cruiser and minutes later came back over, handed out the ticket, and went back to the cruiser. He didn't explain anything. I mean, I honestly did not know it's a violation. I may be ignorant or whatever but, I didn't know. "Everyone does it" - I'm not using it as an excuse but if he had explained it, I would have felt a little better about it and understood the violation.

    Anyway... this is a different question though: Why are people allowed to have a chance to appeal a ticket? How big of a chance do they have since Cops are usually correct when they give out a ticket to someone anyway (which in this case, yes he was 100% correct according to the traffic law)? Is the judge going to take something else into consideration (driving record, type of street/instersection, hills? blind spots, etc) ?
    Last edited by peemmfivekay; 08-26-2005 at 03:29 PM.

  15. #15
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    Quote Originally Posted by peemmfivekay
    The officer didn't say anything. He basically asked for license and registration, walked back to his cruiser and minutes later came back over, handed out the ticket, and went back to the cruiser. He didn't explain anything. I mean, I honestly did not know it's a violation. I may be ignorant or whatever but, I didn't know. "Everyone does it" - I'm not using it as an excuse but if he had explained it, I would have felt a little better about it and understood the violation.

    Anyway... this is a different question though: Why are people allowed to have a chance to appeal a ticket? How big of a chance do they have since Cops are usually correct when they give out a ticket to someone anyway (which in this case, yes he was 100% correct according to the traffic law)? Is the judge going to take something else into consideration (driving record, type of street/instersection, hills? blind spots, etc) ?
    The appeals process comes after a trial. The court date printed on the ticket is a trial date. At the trial, the defendant and the state are afforded the opportunity to state their case. The judge considers the totality of the circumstances and renders a judgment. A dismissal is not a reflection of the officer

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    He gets paid to show up so he will and his agency will notify him of the appeal as you call it so tell mom just to pay the ticket and learn the traffic laws. You came here for advice and are looking for a loophole.

    Pay a lawyer $1,000.00 to find that loophole

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    Quote Originally Posted by peemmfivekay
    The officer didn't say anything. He basically asked for license and registration, walked back to his cruiser and minutes later came back over, handed out the ticket, and went back to the cruiser. He didn't explain anything. I mean, I honestly did not know it's a violation. I may be ignorant or whatever but, I didn't know. "Everyone does it" - I'm not using it as an excuse but if he had explained it, I would have felt a little better about it and understood the violation.

    Anyway... this is a different question though: Why are people allowed to have a chance to appeal a ticket? How big of a chance do they have since Cops are usually correct when they give out a ticket to someone anyway (which in this case, yes he was 100% correct according to the traffic law)? Is the judge going to take something else into consideration (driving record, type of street/instersection, hills? blind spots, etc) ?
    it was my experience that if i tried to explain the violation in addition to issueing a citation, the person often took it as me "chewing them out" then they complained, so i rarely said very much unless they ask.

  18. #18
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    Quote Originally Posted by Bodie
    He gets paid to show up so he will and his agency will notify him of the appeal as you call it so tell mom just to pay the ticket and learn the traffic laws. You came here for advice and are looking for a loophole.

    Pay a lawyer $1,000.00 to find that loophole
    You are mistaken Bodie. I am not looking for a loophole. I was trying to understand the violation and the whole trial/appeals ordeal and now I have understood that - thanks to other replies in my thread. My mother, my brother, nor I have ever gotten any traffic citations. We have no prior experience with any of this, so I am here looking for answers and information and that will be easily understood.
    Last edited by peemmfivekay; 08-26-2005 at 05:07 PM.

  19. #19
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    [QUOTE=Tennsix]The appeals process comes after a trial. The court date printed on the ticket is a trial date. At the trial, the defendant and the state are afforded the opportunity to state their case. The judge considers the totality of the circumstances and renders a judgment. A dismissal is not a reflection of the officer

  20. #20
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    You need to consider the cost of an appeal vs just accepting the fact that according to the officer your mother committed a traffic violation. Court costs alone which you will be told to pay if you loose could top $5,0000.00
    if you tie up officers for court and the courts time and services.
    It is just not worth it.

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    Quote Originally Posted by Bodie
    You need to consider the cost of an appeal vs just accepting the fact that according to the officer your mother committed a traffic violation. Court costs alone which you will be told to pay if you loose could top $5,0000.00
    if you tie up officers for court and the courts time and services.
    It is just not worth it.
    for traffic court, man alive, ya'll have a jacked up traffic court then.

  22. #22
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    Also consider what if an officer is running code 3 and your mom is sitting there blocking the intersection. Now that officer has to stop and sit there untill she clears the intersection. She commited two violations that I could cite her for Impeading traffic and failure to obey signal.

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    Quote Originally Posted by explorerscout83
    Also consider what if an officer is running code 3 and your mom is sitting there blocking the intersection. Now that officer has to stop and sit there untill she clears the intersection. She commited two violations that I could cite her for Impeading traffic and failure to obey signal.
    do you flat out bust intersections when running code

  24. #24
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    Quote Originally Posted by gotthblues
    for traffic court, man alive, ya'll have a jacked up traffic court then.
    Its about time cities/states start recouping their loses. I've been to several traffic trials where the defendant reschedules at the last minute and I am not told until I arrive at court. I have made some good money being brought in on my day off for this.
    I have also had some drag out months because of the defendant arguing several motions and we had to have a prosecutor take their time to come down and argue them in court.

    TGY
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  25. #25
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    Quote Originally Posted by gotthblues
    do you flat out bust intersections when running code
    No I slow down but I DO NOT come to a full stop. I slow down and check to make sure that no traffic is comming. I then go through the intersection. But when some one is sitting in the middle of the intersection and preventing me from going through the intersction I have to sit and not do any thing until that car clears the intersection.

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