Driving Ticket Question

sszippy · #1 (**permalink**) 12-04-2006, 03:09 PM

Hi. I just wanted to get some feed-back regarding getting a camera flash ticket going through an intersection. My Son was going through an intersection following the guy in front of him. The guy got the yellow light, and unfortunatly the light turned red almost imediately, inturn my Son got a camera flash . Has anyone ever fought a ticket like this and won?? He all ready has 3 points that comes off his record in May. and has attended traffic school within the last 18 months...

Thrifty Ray · #2 (**permalink**) 12-04-2006, 06:47 PM

What would your son fight? It sounds like he ran a red...even if it was just a split second too late....unless I have misinterpreted your question.

Ive never gotten one of these...so I cant offer any advice for fighting it. Those points, especially for young drivers, are very expensive on the insurance--so I understand after raising three teens where you're coming from. But, again unless i misunderstood, there's not much to fight.

Sorry.

PRICEPLUS · #3 (**permalink**) 12-04-2006, 11:33 PM

You should not enter an intersection unless you can transit said intersection before the light turns red. Sorry! I don't think you'll win this one!

disneysteve · #4 (**permalink**) 12-05-2006, 10:04 AM

I agree with the others that it would be tough to fight when there is photographic proof of the violation. That said, however, he might luck out if he contests it and have them drop the points and just make him pay the fine. At least that would be better for his driving record. I can't imagine they would totally drop the charge, though.

vsjhoc · #5 (**permalink**) 12-05-2006, 10:30 AM

It might be worth it to have a free initial consultation with a lawyer. Some of them specialize in traffic violations. They might be able to argue, for example, that the photo shows the car going through the light, but it didn't identify the driver. Consider whether it's worth it to pay a lawyer to avoid the points on his license.

Gruntina · #6 (**permalink**) 12-05-2006, 02:47 PM

It's a high probablility that the court will contest his driving decision based his driving knowledge he sets up rather than the action of the car before him since he has no influence with what that car did.

SavedintheCity · #7 (**permalink**) 12-06-2006, 08:42 AM

Moving violations are very different state to state so it may be worth investigating in your state what the norm is. I have represented clients on various serious traffic matters in court in VA. I can tell you that the fatal photo radar is tricky to get out of. Some things that you may be able to argue:

Was the radar calibrated correctly? You can usually request when the last time the radar was calibrated from the police and by what manner it was calibrated. Again, this is different from state to state.

How was the radar calibrated to go off?

Did road/driving conditions affect the outcome of the photo?

Is it obvious in the photo that it is your son's car and/or your son driving?

I doubt that the violation is serious (in time and money) for you to hire an attorney so I wouldn't recommend that. Unless your insurance premium will go up several hundred dollars for several years, I don't think its worth hiring an attorney. Please also understand, this is not legal advice and should not be relied upon as such. If you have any further questions you should consult an attorney in your state.

tgavin71 · #8 (**permalink**) 12-06-2006, 03:04 PM

Sorry I have to agree with the others. How can he possibily fight the charge if there is photographic proof that he was in the wrong? Tell your son that he made the decision to go through the intersection when the light was yellow and now he must suffer the consquences. A yellow light does not mean floor it and hope to get through before the light turns red.
As the song goes "Stop says the red light, go says the green, wait says the yellow light blinking in between"

vsjhoc · #9 (**permalink**) 12-06-2006, 03:07 PM

Quote:

Originally Posted by tgavin71

Sorry I have to agree with the others. How can he possibily fight the charge if there is photographic proof that he was in the wrong? Tell your son that he made the decision to go through the intersection when the light was yellow and now he must suffer the consquences. A yellow light does not mean floor it and hope to get through before the light turns red.
As the song goes "Stop says the red light, go says the green, wait says the yellow light blinking in between"

No, I distinctly remember the TV show "Mork and Mindy" (gawd! showing my age!) where Robin Williams explained that yellow means "go very fast."

PRICEPLUS · #10 (**permalink**) 12-06-2006, 03:08 PM

Wasn't that a line from the movie "Starman"?