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Help--Advice needed on traffic ticket

treasurehunter

Senior member
I need people's advice on this b/c I've never gotten a traffic ticket before in my 6 year driving history. I was driving on a road in Nashville last night coming back from the supermarket when the light at the intersection in front of me turned yellow. Since I was approximately 1.5 car lengths from the intersection going 40 mph (the speed limit) and there were cars behind me, I did not even hesitate to just go through rather than screech my car to halt, fully knowing that I could pass the intersection with the light always in yellow. Well, as luck would have it, there was a cop at the intersection and he came after me (to my immense surprise--since I saw him halfway through the intersection and looked up to see that I was passing the intersection with the light still yellow).

So the cop comes out to tell me that I passed that light with yellow! I told him that, yes, I did pass it with yellow the whole time and that it had never turned to red. And that I did it b/c I felt it was safer than trying to break in such a short distance. He ignored this and said, "Yellow is the same as red. It means stop. It doesn't matter if the light was yellow the whole time." Now, I'm from Iowa and all (where red means stop--yellow means red is coming), so I thought maybe TN driving laws are just really messed up and after one more attempt to clear up why I was getting a ticket for running a yellow light, I gave up thinking the law must be really weird.

Well, I came back and checked the net and the TN code and a couple of US regulations, and they all clearly state that yellow is an indication that the light is about to turn red and that the intersection can not be entered when the light turns red. So, obviously, the whole premise of giving me a "red light ticket" (which is what he marked it as on the ticket as I later saw) for running a yellow light is absurd and unfounded (I'm sure it had nothing to do with the fact that it was the last day of the month and the guy kept referring to my "sports" car). If I'm going to get my first traffic ticket ever, I'd like to get it for actually violating a traffic law or at least doing something which could have endangered someone. If they're going to give tickets even if you don't violate the law, then the whole premise of using tickets to encourage compliance with the law goes down the drain. Anyway. . . .

My question is:

What do I do? Do I appeal this? My gut instinct and naive self say yes, b/c I know I'm in the right and the officer even admitted I never ran a red light. However, I'm also a realist (or pessimist, as some call me) and truly believe that if I appeal it in court I'll simply have the officer lie and say, "All I saw was this car pass a red light. That's why I ticketed it." I mean, why would he admit to me only passing a yellow light when that would get me off the ticket??? And then it would be just down to my word versus his and I know who the court will trust more. Can I at least see beforehand a copy of what he wrote in his traffic report (if he wrote "ran yellow light" then I'm definitely appealing)?

Does anyone here have any experience with traffic court and whether the process is fair or whether you shouldn't even think about it unless you hav tons of witnesses, etc.? My other option is to plead guilty and go to traffic school, but it just bothers me sooooo much to plead guilty to something that both the cop and I admitted I didn't do. I'm also afraid of the time commitment (do I have to go once to plead not guilty and then go again for the trial?) b/c I'm pressed for time until late June. Anyhow, I'm at least going to try to check with some other cop to confirm what the yellow light law is here, but I'd appreciate any help whatsoever on what to do or not do! Thanks!
 
take it to court (no, I don't have any experience, but I would go myself)...good idea to talk to another cop about it...
 
Go to court, probably with a lawyer, if you're going to try this. If the cop lies, and says you went through the red light, ask if he remembers what direction you were traveling, and see what happens to the case. You'll remember every detail for years, but the cop will hopefully have forgotten about you by the next day. He pulls people over every day, you're part of his routine. You didn't say or do anything to "make" him remember you, did you?

Good Luck! 🙂
 
Take it to court man. 9 times out of 10 the cop never shows for court and you get your justice. This sounds very familiar...
 
Hope that the cop will come down with appendicitis like happened to one that was supposed to show up for a ticket hearing of mine. Comment by another person in the court room waiting their turn, as I walked out after having the ticket thrown out, "What did you put in his doughnuts this morning?" 😀
 
A lot of states are changing the yield on yellow IE: "Run on Yellow Laws" since a lot of accidents happen from drivers gunning the car to pass the light before it turns red. The states that I've driven in have Yellow same as Red laws. If it's your first offense you can fight it under ignorance of the new law. Check the DMV manual for that state and just be knowledgable in the future.
 
There are only about a hundred traffic ticket threads here.
They boil down to three words:
Get A Lawyer.

I have beat 6 tickets with a lawyer--no points, no school, no fines. A person who acts as his own lawyer has a fool for a client.
 
>They boil down to three words: Get A Lawyer.

I thought about that. However, this is only a $50 traffic ticket. And it's my first offense. I couldn't really justify spending hundreds of dollars on a laywer for something I'm mainly doing for the principle. So you think no chance of winning without a lawyer?

I just talked to my university cops about the traffic laws and am still waiting for a city cop to get back to me. According to the university PD, it can in no way be illegal to go through an intersection if the light is yellow the entire time (as was my case). And "yellow is not the same as red". The two of them there had a disagreement on whether it's called running a red light if a small part of your car remains in the intersection when the light turns red (prob yes was the consensus). They also burst out laughing when they saw the name of the city cop who gave me the ticket, and they said that they have a lot of ticket stories about him (but couldn't tell me more). So, in any case, what they said to do was to go to court and plead not guilty. I might just be lucky and the cop won't be there. If not, just plead my case and hope I get off since it's a shady call at least and it was my first offense (they basically told me it will almost completely depend on the cop's mood). If not, they said I will still get traffic court so I have nothing to lose by pleading not guilty. Of course, given the fact that both the receptionist and one of the cops had recently gotten tickets for running a yellow, that probably isn't the most encouraging sign.

So I'm just waiting to confirm the traffic law info with a city cop and then it's off to court in less than 2 weeks. . . .
 


<< A person who acts as his own lawyer has a fool for a client. >>



heh, the last lawyer I talked to wanted 1000 dollars to fight a 281 dollar ticket.
 
TH,

if you fight the ticket, delay it first. Go in and ask for an extension on the date written on your ticket. Ask them how many times you can delay it. Use up all of those times.
 
>Ask them how many times you can delay it. Use up all of those times.

Is that to increase the likelihood that the cop won't remember the details? Or is there another reason?
 


<< Is that to increase the likelihood that the cop won't remember the details? Or is there another reason? >>



Yes. It increases the likelihood that the cop will loose his notes for that traffic stop among other things.
 
Here's an update. I talked to a really helpful clerk at the Traffic Court (I could tell he was bored on a Friday afternoon). He told me that he's seen red traffic light appeals hundreds of times and 99% of the time they go like this:

You: &quot;But the light was yellow all the way through.&quot;

Judge: &quot;Don't you know that yellow means stop? NOT go.&quot;

You: &quot;But there was no time to stop. And according to the laws, a yellow light means--&quot;

Judge: &quot;I'm the one who knows the laws. And I say yellow means stop. I don't care what anyone else says. If you don't stop, you're guilty in my courtroom.&quot;

You: &quot;But if I attempt to stop in such a short distance, I'll either get rear-ended or my tires will really screech and that will be a reckless driving violation.&quot;

Judge: &quot;Yellow means stop. You are found guilty. And since you refused to confess your guilt, you are not offered traffic school for this first offense. Next case. . . .&quot;

Encouraging, huh? It's good to see that this justice system allows you to argue your case based on the merits of the law. . . .

So, essentially, I've lost almost all motivation to appeal the ticket. The court clerk had no reason to be dishonest (and he was even nice enough to waive a date-change fee for me) and I believe him when he says that only 1-2 judges of the 14 will even consider overturning a red light ticket, no matter what the merits (even he some time back lost a yellow light case--is this a pattern or what?!?). And given the fact that 1/2 of the judges won't let you go to traffic school if you don't automatically plead guilty, there just seems to be too much risk and too little chance of winning to be worth appealing. I am very disappointed in how the system works, even considering how few expectations I had to start out with. I might still check with a lawyer to see what the cost would be (b/c this thing still bothers me so much due to principle--of course, I should probably just swallow my principles), but it looks like it's a lose-lose situation. . . . 🙁
 
Ooh. That doesn't sound like good news. Better go plead guilty with explanation, and ask how to keep it off your record for insurance purposes.

Good Luck! 🙂
 
Get a copy of the traffic code at site the secion I have one a ticket where I was clearly in violation of one law while complying with another.
 


<< And it's my first offense. I couldn't really justify spending hundreds of dollars on a laywer for something I'm mainly doing for the principle. So you think no chance of winning without a lawyer? >>



First of all...if a lawyer charges you &quot;hundreds of dollars&quot; to fight a 50 dollar ticket, you got the wrong lawyer. Most towns have traffic lawyers who specialize in this sort of thing.

Remember...this is NOT just a 50 dollar ticket...it is a 50 dollar ticket PLUS increased insurance rates.





<< heh, the last lawyer I talked to wanted 1000 dollars to fight a 281 dollar ticket. >>



If your ticket was for 281, a thousand might be worth it to save yourself higher insurance rates.
 
>Most towns have traffic lawyers who specialize in this sort of thing.

That's what I thought about Nashville. However, I haven't been able to find any specific traffic lawyers via web searches and the yellow pages. Now if I had fallen during my job or had been arrested for DUI, that would be a different story. Is there any good way to find who the traffic lawyers might be? I've never had to find a lawyer before. . . .

As for the ticket being $50 plus points, if I plead guilty and go to traffic school (since 1st offense), it will be no insurance points. However, pleading guilty bothers me both for the principle and the fact that I'll be using my &quot;Get out of Jail Free Card&quot; (i.e. traffic school) for a very small fine on an offense I didn't commit. . . .
 
Thats retarded. If a yellow is considered exactly the same as a red there is no point for it. Everybody knows that a yellow means &quot;stop if you can safely&quot;. There is no point in causing a possibly pileup to stop for a yellow if you can, without speeding, get through the yellow before it turns red. That is the entire point of a frigging yellow light!

I guess if the judge is gonna be a butt-head you'll have to get a lawyer so that maybe the lawyer won't take any crap from the judge, because the conversation you said sounds ridiculous.
 
nolo.com
&quot;Deciding Whether to Fight or Fold
So you want to fight your traffic ticket? First, you have to evaluate your chances of winning and ask yourself some tough questions. Here's how.....&quot;


B. Steady yellow signal indications shall have the following meanings:
1. Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or
YELLOW ARROW signal indication is thereby warned that the related green movement is being terminated or that a red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
page 34


YELLOW - Caution, prepare to stop.
Red stop signal will be exhibited immediately thereafter.
Manual.pdf

www.state.tn.us/safety/handbook.html
 
>Thats retarded. If a yellow is considered exactly the same as a red there is no point for it.

Exactly what I think. It makes no sense. . . .

&quot;Deciding Whether to Fight or Fold

Interesting site. Thanks for the link, etech. . . And those are the same statutes I looked up. They seem to support my argument, don't you think?
 
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