Failed to stop at a red light...

[peemmfivekay]

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)

[Bodie]

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.

[peemmfivekay]

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

[backinblue]

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.

[That Guy]

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

[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)!?

[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?

[Tennsix]

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.

[Centurion44]

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.

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.

[peemmfivekay]

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.

[Tennsix]

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

[peemmfivekay]

[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

[lazycop]

Reason for Editing.

[peemmfivekay]

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) ?

[Tennsix]

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