Legal advice please

[iluvpho]

So i jsut got a red light violation ticket..its my first violation ever and i have a good excuse for it

scenerio: (how i remember it)

It was raining and i was about to cross a metro line intersection. The car in front of me stop short and i had to break fast. luckily i was only going 18 in a 35 zone and i stopped in the middle of the intersection. So i could have made the light if the car in front of me didnt stop. THe car in front of me stopped for no apparent reason because there was at least 2 cars length space in front.

Anyways i the camera went off and i was caught in it. so then i quickly went into the other lane

This is what it says on the site:

Actual Speed: 18 Speed Limit: 35

Yellow Time: 3.9 Red Time: 0.2

So my question is: is my situation a reasonable excuse for dropping the fine?

if not then can i convince them to mark me as a "non-moving violation" (intersection blocking fine) instead? cause the fine is 446 dollars. i think a non-moving violation would be a less of an offense

here are pictures

http://www.cite-web.com/PSSSQL_San/MTAOL/Images/2010/01/dep_70492/20100120_1322_005PI1.JPG

http://www.cite-web.com/PSSSQL_San/MTAOL/Images/2010/01/dep_70492/20100120_1322_006PI2.JPG

 

[bud6770]

If you tell them your situation, and there was a camera, you should get off fine. Worst case scenerio the ticket gets lowered by half.

 

[Mr. Jollypants]

Nope, you were following too closely, I wouldn't tell them that story. Just pay the fine and move on.

 

[iluvpho]

Nope, you were following too closely, I wouldn't tell them that story. Just pay the fine and move on.

if i plead guilty then i rather jsut do traffic school if i qualify or else ill get points on my insurance. points + under 25 yr old male = nono : [



hmm thanks bud6770

 

[projektej8]

you werent following too closely

 

[PhntmSk8r]

if i plead guilty then i rather jsut do traffic school if i qualify or else ill get points on my insurance. points + under 25 yr old male = nono : [



hmm thanks bud6770

With it being your first offense, if you go into the court date listed on the ticket you're almost certain to get a 'plea bargain', which will likely be a 2pt defective vehicle whatever.

Absolutely go to court to get that though, as if you just mail it your insurance can still see what the ticket originally was. For some reason if you go through the court systems then whatever they offer you is all the insurance company will see.

 

[projektej8]

i would explain the situation they will let you out of it

 

[projektej8]

if you didnt have a front plate they wouldnt have got you lol

 

[Jaydles]

Pretty sure its a requirement where is from.
as you can see everyone has one.

 

[iluvpho]

if you didnt have a front plate they wouldnt have got you lol

lol im required to have front and back plate.

yea im definitely going to choose teh "court trial " option. (3 options 1. pay fine 2. traffic school adn 3. trial)

how does teh plea bargain work?

 

[PhntmSk8r]

You have the date on the ticket which is to talk to the DA. When you go in the DA will take into consideration your previous violations (if any), and offer you a 'reduced offense'. If you like the deal he offers, you pay that fine there on the spot and you're done.

If you still don't like that deal, then you say no and they re-issue you another court date about a month down the road to actually see the judge.

 

[lethal6]

Depends on where you are. Most states that allow red light camera ticketing don't knock you points and it is not a moving violation. Reasoning being that they can't actually prove that you were driving it so it doesn't go on the driving record. If you are the registered owner of the vehicle YOU have to pay it regardless of who was driving. If you aren't driving and want to fight it, YOU have to prove that you weren't driving and you have to provide someone to take the fall and pay the fine.

Also most states insurance companies can't use red light camera tickets against you.

Here is a chart showing the States, their fees, if it is a moving violation, etc. http://www.ghsa.org/html/stateinfo/laws/auto_enforce.html

 

[oc_civic]

normally i would say you were wrong and deserve the ticket... but your speed was pretty low relative to the speed limit.. and you can see where you had to swerve.. i would go to court.. i think it was genuinely an accident... dont know if you will get out of it or anything.. but i would still go to court..

 

[93Civic-Ex]

if you didnt have a front plate they wouldnt have got you lol

Those cameras take pics of your rear plate and they get a shot of you (the driver). You are prolly not gonna be seen innocent and the reason I say this is the light was obviously yellow when approaching the intersection at 18 mph and then a dead stop in the rain in the intersection. According to the light times there was 4 seconds or so a reaction could have been been taken to get out of the intersection. You clearly were over the line on red which is why your pic was taken. The only time usually offered a plea is when there is no visible evidence and its your word against an officer and you 2 were the only ones there. Since they have a pic of you in the intersection that is basicly fool proof. Trust me I have several friends who fought it and never won.

However they should offer driving school for 1st offense but that is 6 hours of boredom.

 

[bizoneoeh]

you want some real legal advice?.... talk to a lawyer!

 

[HiPowerMtrsprts]

Your in illinois right?
Either do the traffic school so its not on your record and pay the fine or take it to trial. A lot of times if you go to court the judge will see your record and just make you pa the fine and give you 6 month supervision
I just did that and have been doing that for 4 years and nothings on my insurance lol

 

[Mr. Jollypants]

you werent following too closely

He was. When I rear ended someone because they brakes suddenly for no apparent reason, it was written down as I was following too closely. If he had to swerve to miss body because they braked he was following too closely.

i would explain the situation they will let you out of it

Shut up.

if you didnt have a front plate they wouldnt have got you lol

You are seriously looking like a moron. Stop giving information can lead this person getting another ticket.

normally i would say you were wrong and deserve the ticket... but your speed was pretty low relative to the speed limit.. and you can see where you had to swerve.. i would go to court.. i think it was genuinely an accident... dont know if you will get out of it or anything.. but i would still go to court..

Low speed or not, if he had to swerve to miss a car that was braking for reason he was following too closely. Your supposed to have enough distance between you and the car in front to stop by the time they stop. The 18 in a 35 is also from him braking to miss the person in front of him.

 

[iluvpho]

@ no regrets
i didnt swerve to miss hitting the car. i stopped right in the intersection for a good, i think 2 sec, before i realized it was gonan be a red light so i swerved onto the other lane to avoide blockign the intersection.

@lethal6
ahh thanks for the link. ill read up on that

@ hipower
no i am in LA

@ biz
lol yea my lawyer just closed a case of mine. im goign to talk to him about it

@ 93 civic
well i thoguht the mini in front of me would move up but it didnt taht was why i was in teh intersection for so long

@ everyoen else
thanks for everyone's suggestion ill take it into account

 

[Mr. Jollypants]

@ no regrets
i didnt swerve to miss hitting the car. i stopped right in the intersection for a good, i think 2 sec, before i realized it was gonan be a red light so i swerved onto the other lane to avoide blockign the intersection./QUOTE]

So then where did the other car stop?

Your story isn't making sense to me.

 

[Chris.]

no... you blew the light... the cars next to you were stopped at the light... in the first photo... its been red for 0.2 seconds. you were clearly behind the line..

at 2.4 seconds... you were in the intersection.

therefore... you blew the light because you were behind the line when it turned red. clear evidence of that would be the 2 cars on either side of you who chose not to move through when the light was yellow.. meaning the toyota and the accord.

this is how i would see it if i were the judge... i wouldnt cut you a break... you ran the light.

i would also see it as you couldve hit that guy on the bike..