Ticket for running a red light - Should I fight? Your thoughts!

[Nightfall]

Trying to get as many thoughts on this as possible.

Situation:
I was driving the speed limit, and as I get over into the left turn lane, the light turned yellow. There was no traffic around, so I just went through the light while it was yellow. Just down the road, a police officer pulls me over. I had all the right identification and he asked me why I ran that red light. I explained it was yellow when I passed under it, and he said that it was red. There was no point in arguing so I left it at that. He cited me for "disreguarding a red light".

I have thought about fighting this ticket, but here are the problems as I see them. I have no way to defend myself really. There was no other traffic and I have no witnesses. I know it was yellow, and he can say it was red and the judge will go against me. I don't know where the police officer was so I can't really say he didn't have a clear view of the situation.

The letter of the law in MI is if my car is past the white line before the light turns red (and it was), then I am allowed to pass through. I know this because I looked up at the light as I passed into the intersection. Since I wasn't speeding, I didn't try to "beat out" the light. I had time to go under it.

On the plus side, I have had no warnings, tickets, or violations of any kind for the past 6 years.

I obviously don't want these points to go on my license, and I am not afraid to take the time to fight it. Even if I can get it pleaded down to a lesser charge, that would be nice. However, I just don't see how I can fight it and win since it will undoubtedly turn into a "he said/she said" fight and I have no witnesses.

Your thoughts?

 

[isekii]

Fight it anyway

atleast you can get the points reduced

 

Sure, go to court, but you'll lose. When it's your word against the officer's, unfortunately the burden of proof is on the defense. That's what sucks about traffic court.

 

[Viper GTS]

I would fight it, if for no other reason than to protect your clean record. Get a lawyer.

Next time stop for the yellow.

Viper GTS

 

[Linflas]

If you have the time why not go to court plead Not Guilty and tell the story as you see it. Worst that happens is you are found guilty and pay the fine anyway.

 

[filmmaker]

I say pay the ticket and move on. If you are a good driver, it will be a while before you go through a yellow light.

 

[Atlantean]

might as well argue it, what have you got to lose. IF you went through and it was yellow then the bastard shouldn't have pulled you over. Yellow means caution, red means stop.

 

[codeyf]

Some states allow you to defer the ticket. Here in WA, you can go to court, pay the fine, and if you get no tickets in 6 months it's as if it never happened as far as your record is concerned.

 

[Nightfall]

I was thinking about the points reduction, which is what I want. If I could get the points reduced or eliminated and still pay the fine, I would be happy. You are right though, the burden of proof is on me and it will be my word against his. Even with my clean record, that isn't going to matter. However, if I can get the points reduced, it would a victory for me.

Before anyone asks, there is no option for traffic school in MI.

 

[conjur]

Just go to traffic court, tell the judge the light was yellow when you entered the intersection. And, since you were so close to the intersection, you could not stop safely in time. Odds are, with a prior clean record, the judge will dismiss the case.

 

[Nightfall]

Originally posted by: conjur
Just go to traffic court, tell the judge the light was yellow when you entered the intersection. And, since you were so close to the intersection, you could not stop safely in time. Odds are, with a prior clean record, the judge will dismiss the case.

There is no way I could be that lucky. In my experience, in a he said/she said discussion, the guy with the badge will always win. That is my arguement though, but no way to prove it. I am hoping that my clean record may make a difference in getting the points removed but I still pay the fine.

 

[Mrfrog840]

If you were at a newer stoplight. ask for the video tape from the light. Thats what my friend got a ticket for. same exact situation. asked to see the tape. showed it to the judge. judge dropped the ticket

 

[amcdonald]

The odds are also good that the cop will not show up in court, and you will have no condemning witness.

 

[hopeless879]

I know in Ohio if you decide to fight a traffic violation in court, the police officer has to show up, if the officer doesn't show up the charges are dropped. I have heard that they don't show up half the times for minor offences. Don't know what the laws are like elsewhere though.

 

[Trygve]

I was in almost precisely the same situation (went through a light as it was turning yellow, police officer ticketed me for going through a red light). I went to the court and sat in a waiting room with a bunch of other people for a while, turned out that a few were also in there for similar tickets.

Eventually, the city's attorney came in to offer everybody plea bargains; what I thought was a little bit odd was that if you were male, you could trade down from a three-point to a two-point charge, but if you were female, you were offered the option of getting off with either one point or no points. I took the two-point offer and left, but if this particular traffic court is at all like other ones out there, you should be sure to bring a pair of breasts with you to court, since that seems to make a huge difference.

 

[conjur]

Originally posted by: Nightfall

Originally posted by: conjur
Just go to traffic court, tell the judge the light was yellow when you entered the intersection. And, since you were so close to the intersection, you could not stop safely in time. Odds are, with a prior clean record, the judge will dismiss the case.

There is no way I could be that lucky. In my experience, in a he said/she said discussion, the guy with the badge will always win. That is my arguement though, but no way to prove it. I am hoping that my clean record may make a difference in getting the points removed but I still pay the fine.

Well, at traffic court, the officer is typically not present. It's just you and a bunch of other traffic hoodlums in front of the judge (at least, that's how it is here in Louisville). I sometimes think minor offenses are created by some officers in order to scare drivers into being safer. May work for a short while or I may just be way out in left field!

 

[IamElectro]

Pay the ticket. The law allows a driver to go through a yellow light, provided he or she cannot safely stop at the intersection.
My bet is you could have stopped.

I was driving the speed limit, and as I get over into the left turn lane, the light turned yellow. There was no traffic around, so I just went through the light while it was yellow.

The officer did the right thing try and fight sure but you still end up paying.

 

[Rogue]

My recommendation as an officer is to go to court and tell your story. Speak to your previous driving record and the circumstances involved. Ask for a diversion or lesser charge if possible.

 

[josphII]

Originally posted by: jumpr
Sure, go to court, but you'll lose. When it's your word against the officer's, unfortunately the burden of proof is on the defense. That's what sucks about traffic court.

always fight traffic tickets, you ppl have no idea how often these things are dismissed

 

[Muse]

The best thing that you have in your favor is that you are right, although you can't prove it. You should explain the situation truthfully. The judge will probably at least reduce your fine. He may give you a lesser charge, as you suggest. He may actually decide in your favor. Moreover, and this is the biggie - there's a significant chance (very significant) that the cop won't show up at the courthouse and you will win outright in that eventuality. Fight it! Good luck.

 

[Iceman91]

As an LEO in Florida, here is my advice:

If you don't want the points, can you take a driver improvement course? (offered here in FL, not sure about MI)

Sometimes, and I mean SOMETIMES, if you take a ticket to court and lose, the judge or hearing officer can make you pay MORE than just the fine for the ticket (court costs, etc.) Just something to think out.

And lastly, if you honestly think you were in the right, take it to court. Explain your side and be polite. Most of the time, they will withhold the points and just give you a fine.

Good luck.

 

[Muse]

Originally posted by: conjur
Just go to traffic court, tell the judge the light was yellow when you entered the intersection. And, since you were so close to the intersection, you could not stop safely in time. Odds are, with a prior clean record, the judge will dismiss the case.

I agree.

 

[Nightfall]

Thanks for your input on this issue.

I am going to fight it. I am in the process of making a list of points and just seeing what happens. It will be a good learning experience if anything.

 

[venk]

Running a Red in MI is a 3 pt violation, get a lawyer and fight it.

 

[Hossenfeffer]

Also, how far away -was- the cop and could that have any bearing on the judgment on how "red" the light was?