Key Takeaways
What are the defenses for red light violations in New Jersey?
- Malfunctioning Traffic Signal: Evidence like witness statements or photos.
- Obstructed View: Documenting obstructions with photographs.
- Emergency Situations: Police reports or medical records.
- Incorrectly Timed Yellow Light: Proving the yellow light duration was too short.
- Mistaken Identity: Alibis or testimony from the actual driver.
- Signage Issues: Photos of unclear or missing signage.
Red light violations are common traffic offenses in New Jersey, but many drivers are unaware of their legal rights and potential defenses. If you’ve been cited for running a red light, understanding your options can help you effectively challenge the ticket. Here, we outline the key aspects of red light violations in New Jersey and explore various defenses that may be available to you.
Understanding Red Light Violations
A red light violation occurs when a driver fails to stop at a traffic signal when it is red. In New Jersey, traffic laws require drivers to come to a complete stop before the stop line or crosswalk when the traffic light is red. Violations can be captured by traffic enforcement cameras or observed directly by police officers.
Penalties for Red Light Violations
The penalties for running a red light in New Jersey can be significant. They typically include:
- Fines: The standard fine for a red light violation is $85, but this can increase with additional court costs and fees.
- Points on Your Driving Record: A red light violation adds two points to your driving record. Accumulating too many points can lead to increased insurance premiums and potential license suspension in New Jersey.
- Traffic School: In some cases, attending a driver improvement program may be required.
- Insurance Rate Hikes: A red light violation can result in higher New Jersey insurance premiums.
Legal Defenses for Red Light Violations
Challenging a red light ticket can be complex, but several defenses may be available, depending on the circumstances of your case. Here are some common defenses in New Jersey:
Malfunctioning Traffic Signal
If the traffic light was malfunctioning or not visible, you may have a valid defense. Evidence such as witness statements, photographs, or maintenance records can support this claim.
Obstructed View
Sometimes, an obstructed view can prevent a driver from seeing the traffic signal. Construction equipment, large vehicles, or foliage can block the view. Documenting the obstruction with photographs can help establish this defense.
Emergency Situations
If you ran the red light to avoid an accident or in response to an emergency, this may be a valid defense. Providing evidence such as police reports, witness testimony, or medical records can substantiate this claim.
Incorrectly Timed Yellow Light
Traffic lights must adhere to specific timing regulations for yellow lights. If the yellow light duration was shorter than required, you may argue that you did not have enough time to safely stop.
Mistaken Identity
If the ticket was issued based on a red light camera, you might argue that you were not the driver. Providing evidence such as alibis or testimony from the actual driver can support this defense.
Signage Issues
Lack of proper signage indicating the presence of a red light camera or unclear lane markings can be a defense. Photographs of the intersection and signage can help demonstrate this issue.
Steps to Take After Receiving a Red Light Ticket
If you receive a red light ticket in New Jersey, consider taking the following steps:
Review the Ticket
Carefully read the ticket to understand the specific violation and any instructions provided.
Gather Evidence
Collect any evidence that can support your defense. This may include photographs, witness statements, or maintenance records.
Consult an Attorney
An experienced traffic attorney in New Jersey can provide valuable guidance and representation in navigating the legal process and building a strong defense.
Attend Court
If you decide to contest the ticket, you will need to appear in a New Jersey court. Be prepared to present your evidence and make your case before the judge.
Conclusion
Facing a red light violation in New Jersey can be daunting, but understanding your rights and potential defenses can make a significant difference. By gathering evidence, consulting with an attorney, and presenting a well-prepared defense, you can increase your chances of successfully contesting the ticket. Remember, each case is unique, and the specific facts of your situation will determine the best approach. If you need assistance, the team at Anthony Pope Law is here to help you navigate the legal process and protect your reputation.
FAQ
A red light violation occurs when a driver fails to stop at a red traffic signal before the stop line or crosswalk. Violations can be captured by traffic cameras or observed by police officers.
Penalties include an $85 fine (plus court costs), two points on your driving record, potential traffic school, and increased insurance premiums.
- Malfunctioning Traffic Signal: Provide evidence like witness statements, photographs, or maintenance records.
- Obstructed View: Show documentation of any obstructions, such as construction equipment or large vehicles.
- Emergency Situations: Present evidence like police reports or medical records proving the emergency.
- Incorrectly Timed Yellow Light: Argue that the yellow light was shorter than required.
- Mistaken Identity: Provide alibis or testimony from the actual driver if the ticket was issued based on camera footage.
- Signage Issues: Demonstrate lack of proper signage or unclear lane markings with photographs.
- Review the Ticket: Understand the violation and instructions.
- Gather Evidence: Collect any supporting evidence for your defense.
- Consult an Attorney: Seek guidance from an experienced traffic attorney.
- Attend Court: Be prepared to present your evidence and make your case before a judge.
An attorney can provide valuable guidance, help you navigate the legal process, and build a strong defense to increase your chances of successfully contesting the ticket.
Yes, if you can provide evidence that the traffic signal was malfunctioning or not visible, this can be a valid defense. Collect witness statements, photographs, or maintenance records to support your claim.
You can argue that an obstructed view prevented you from seeing the signal. Document the obstruction with photographs and any other relevant evidence.
Yes, you can argue mistaken identity if you were not the driver. Provide alibis or testimony from the actual driver to support your defense.
If the yellow light duration was shorter than required by regulations, you can argue that you did not have enough time to safely stop. Gather evidence of the incorrect timing.
You can argue that lack of proper signage is a defense. Use photographs to show the absence or unclearness of required signage.
Anthony Pope Law offers expert legal representation to help you understand your rights, gather evidence, and present a strong defense in court. They provide guidance throughout the legal process to protect your driving record.