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CA727
Sep 22, 2013, 08:27 AM
Ticketed for running red light, while in actuality I was stuck in crosswalk because a drunk and disorderly pedestrian jaywalked slowly across traffic. As a result I was stuck in the middle of the lane. How do I defend myself against this outrageous ticket?

cdad
Sep 22, 2013, 09:14 AM
Did you mention any of this when you were getting your ticket? If so then maybe the judge will listen. But as a driver of a vehicle you are suppose to look ahead to prevent any such occurrence. Your argument may be a valid one but it may not stand up against the law as it is written.

smearcase
Sep 22, 2013, 09:15 AM
Go to court if you want to fight it but is it cost effective to do so?
In my region, photo enforcement of traffic laws is not used to access points on the driver's license because they cannot verify who was driving the vehicle. But at least one state captures a photo of the driver's face (if websites I visited are correct) and does issue points based on photo enforcement. Also, the fine you pay if convicted in court can be much higher than the original fine.
Just a matter of whether it is worth your time to go to court with no guarantee you will get relief. Judge could rule that you should not have entered the crosswalk until no pedestrians were present, or he/she may throw the ticket out.

Fr_Chuck
Sep 23, 2013, 06:48 AM
Red light law, you are not to enter a intersection unless you are sure you can cross it completely prior to entering. ** most people do not do that, but that is in general the law.

You can explain it, perhaps you got a photo of the drunk, and obviously drunk still had to be there when police was there,

CA727
Sep 24, 2013, 04:23 PM
Is there any provision of traffic law which establishes a hierarchy to traffic infractions? Or a provision which acknowledges cause and effect.

The Jaywalker initiated a chain reaction of brake lights which caused me to remain in the crosswalk beginning while the light was green. Because I was in the middle of a series of cars and the pace of the pedestrian I remained stuck without an exit route until only a few seconds after the light changed. Still my vehicle's position was the result of an abrupt stoppage to traffic flow.

smearcase
Sep 24, 2013, 04:49 PM
How much is the fine? Can you tell us the state that is involved?
This is a summary of penalties for states that have photo enforcement. Some do assess points for a red light camera violation.
I would definitely go to court and take my chances in your circumstance if points were involved or if the fine was in excess of maybe $ 100. If it were in MD with a $ 75 fine and no points and not used by insurance companies, I wouldn't go. Depends on time involved, distance to travel to court, etc for each individual.
State Speed and Red Light Camera Laws (http://www.ghsa.org/html/stateinfo/laws/auto_enforce.html)