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Reply #30: I heard of a lawyer who beat a red light ticket this way. . . [View All]

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Journeyman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 07:51 PM
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30. I heard of a lawyer who beat a red light ticket this way. . .
He definitely ran the light. He was coming off a freeway and ran the light at the bottom of the ramp. When pulled over, he insisted the officer note on the ticket the presence of his three-year-old son in a safety seat in the back of the car. In court, he told the judge he didn't want to run the light but there was an 18-wheeler bearing down on him from behind, and he feared for his son's safety. Because the officer had noted the presence of the child, but could not attest to the presence or absence of the 18-wheeler, the court let the driver off with a stern warning.

The upshot is, that lawyer's waiting to test his theory in court, that the camera's record the action but do not note any extenuating circumstances or the entirety of the scene. And because a driver can be caught and cited by a traffic camera without knowing he's been "caught," there's no way he can mount an effective defense since all circumstances around the event were not recorded and the driver is not presented with notice of his transgression at the time it occurred, and so doesn't have the opportunity to register all the elements for his defense at the time of the event.

Can't say if his argument held sway with the court (I haven't talked with him about it since he beat his original ticket), but it's definitely a point to consider. It doesn't sound like you're in danger of losing your license or suffering inordinately because of this, but if you find the need to hire a lawyer to defend against future tickets such as this, it might be a good argument to keep in mind.
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