 |
|||
|
LEGAL BRIEFS By Ralph C. Buss TRAFFIC LINES SEEING RED My recent Legal Briefs column on traffic cameras had some readers seeing Red over the proliferation, utilization and administration of such ticketing devices, and one question that was asked was “What constitutes running a red light?” and “At what point does it become an infraction?” Well, one rule of the road we’ve learned since we first sat behind the steering wheel is that if any part of a vehicle has crossed into an intersection while the traffic signal is yellow, the driver has not run the red light. But what you may not know is what comprises the boundaries of the intersection. That lack of understanding (or misunderstanding) can make all the difference between clearing an intersection legally or receiving a citation and hefty fine.
“The intersection is defined by the extension of the curb lines along each
side of the cross streets, which form an imaginary box,” explains Jim Baxter
of the National Motorists Association (NMA). “The crosswalk and a painted
stop line/bar are typically behind this point. If a driver believes that
the stop line, or cross walk if there is no stop line, constitutes the
beginning of the intersection, that driver probably has, on occasion,
passed through that line on a yellow light, innocently believing that the
vehicle has already entered the intersection.” To show how not having a clear understanding of the intersection boundaries can cost you, the NMA points to some statistics from Clarksville, TN. That city had nearly 2600 red-light camera activations at twelve intersections during August 2009. About 170 of those instances, or 6.5%, were triggered by drivers who entered the intersections after the lights were red for more than two seconds -- true red-light running offenders. The majority of the other camera activations were instances where the vehicles passed through the signals a mere 0.2 or 0.3 seconds after they turned red. That’s not a lot of time to make up your mind to stop quickly or proceed through the intersection and risk triggering a photo ticket. Lots of drivers decide on the first option and recent studies have shown an increase in accidents, and rear-enders in particular. TO BE CONTINUED While camera-generated tickets are difficult to beat, if for no more reason than the authorities are holding photographic proof of a violation, in most traffic cases you should use all your legal resources to defend yourself in court. 35 million Americans receive a traffic citation each year, and only 5% contest their ticket! Of those, about half are dismissed, and most of the rest result in reduced fines or other plea bargaining arrangements that were less than the original mail-in fine amount. A recent study by an attorney specializing in traffic tickets showed that 60% of his contested cases were won. Of that amount, over 40% were won by lack of prosecution - No Officer = Not Guilty. An additional 25% were won through the inability to prove the charges. By Ralph C. Buss |
||
|
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution with attribution.
Home Attorney Profile Accident This Month's Article Document Archive A.I.M. NCOM Contact Us |
|||
