Failure To Obey Traffic Control Device

[mushroom_toy]

Not sure if this is right section but if it isnt please move it. I really need some good opinions/help on this.

OK so on January 8th I was pulled over by the Gainesville Police Department by officer J. Martin, for "failure to ovey traffic control device."

Some of you will say I should just pay the ticket and all, but the thing is I'm not guilty. I drove through a yellow light under the speed limit, which turned red after crossing the intersection. Now i have had a speeding ticket before, and I plead guilty and I lost my license for 6 months, a couple years ago. This time though I know It was not at fault and honest to god I was not in the wrong.

He was in the incoming turning lane, what reason do I have to disobey the law in front of him? After being pulled over the officer had said I ran a redlight, and i did not say anything besides ok? On the citation he states: "Accelerated towards yellow light, entered and proceeded through intersection on solid red light. Acceleration noted by visual estimation and audible noise from engine." He wrote down failure to obey traffic control device which is Georgia code 40-6-20. I was behind another car that went through the yellow light a little under a second in front of me, at the same speed, but my tail just happened to catch the red light. I could have slammed on my brakes and stopped in the intersection, but this is illegal also. I also believe that the latency on the redlight is off, meaning its less than 3 seconds, as where others on same st. are more.

IM sure glad that police officers are not brain surgeons, because im pretty sure "visual estimation" doesnt cut it there.

I called 2 weeks later and asked how much the fine was and they said $170..then I figured I would go to court. So today I call back and they told me I have to go to court anyway since im under 21, even though they told me a price on the ticket already.

My question is why did the officer write all that crap, and not give me a ticket for running a red light which is Georgia Code 40-6-21, or a ticket for speeding, if I "sped" through the intersectoin like he said I did? Another question I have is what should I plead? I was gonna do not guilty, but after consideration, I really do not have money to pay court costs, and since the law is one sided, I would probably end up paying a fine anyway with court costs on top. The worst part is I ofund out that this could put 3 points on my license. Should I plead nolo? My court date is March 8th and I really dont know what to do at the moment.

[Nissangeek]

It's going to be your word against that of the cops but I would still plead not guilty. Take it to trial and have them produce the video from his car. If you really didnt speed up that should clear that up. As for the running the redlight part, I've heard different things about what the law really is and it may be different in different counties/cities. Try talking to the solicitor and see if you can get it thrown out or reduced.

[mushroom_toy]

^I know they're supposed to keep the tapes, but honestly I highly doubt they have it, I wish I could just request to view it, but unfortunately like I said I dont have money for court costs + an inevitable fine probably, because like you said it would be my word vs. his and judges usually side with the cops.

[Clegger]

After being pulled over the officer had said I ran a redlight, and i did not say anything besides ok?

^ Dont bother, just pay it. Your already ****ed, you admitted guilt right in front of him

You should have said, i did not run that red light, ill see you in court

[mushroom_toy]

^ Dont bother, just pay it. Your already ****ed, you admitted guilt right in front of him

You should have said, i did not run that red light, ill see you in court

I didnt admit guilt, I said Ok in an inquisitive manner and said I did not understand the charge but to go ahead and write the citation with my court date on it.

Anyway I cannot pay the fine if you would read. And I did say i did not run it, but I didnt pursue it until he got angry. Thats what I meant by saying I said nothing else.

Its hard to explain how I said it through text. It was an o..k???

[quickdodge®]

I was behind another car that went through the yellow light a little under a second in front of me, at the same speed,

Sounds like you were moving pretty quick to me with the above quote. Under a second? Surprised you didn't get a "following too close" ticket as well. Later, QD.

[mushroom_toy]

Sounds like you were moving pretty quick to me with the above quote. Under a second? Surprised you didn't get a "following too close" ticket as well. Later, QD.

If 25mph is speeding, then yes im guilty. Maybe i was exhagerating a little bit, but I was pretty close to the car but at least a half or more of a car length away, what im trying to get at was i went in under the yellow, which changed to a red, after i was almost completely through the intersection.

[quickdodge®]

If 25mph is speeding,

I should've used the word that the officer used and that would be "accelerating."

what im trying to get at was i went in under the yellow, which changed to a red, after i was almost completely through the intersection.

How sure are you that the light remained yellow all the way through your maneuvering the intersection? Were you watching the light the entire time or were trying to pay attention to where you were going and/or to the car in front of you that you were so close to?

I'm not bashing you. I'm just trying to get you to really think about what took place. Later, QD.

[fire7882]

I pretty sure that if any part of your car has crossed the white line before the light turns red, it can't be considered as "running a red light"

[DirtyMechanic]

they are going to have any tapes of it. it only records video when the blue lights are on. so i guess he turned them on and turned around to come after you... only after you went through the intersection.

[ksniperfox]

ask to talk to the solicitor on your court date. if they cant work it out with you right there, get a continuance so atleast you can consider your legal options and perhaps save up some $.

[mushroom_toy]

I should've used the word that the officer used and that would be "accelerating."



How sure are you that the light remained yellow all the way through your maneuvering the intersection? Were you watching the light the entire time or were trying to pay attention to where you were going and/or to the car in front of you that you were so close to?

I'm not bashing you. I'm just trying to get you to really think about what took place. Later, QD.

I was watching both. I saw the light was yellow and figured that it would stay yellow the same amount of time at least as the other lights on the same street. After that I was watching the car in front of me while passing under the light.

[mushroom_toy]

I pretty sure that if any part of your car has crossed the white line before the light turns red, it can't be considered as "running a red light"

Thats what I thougt to but apparently it doesnt apply in Gainesville.

[mushroom_toy]

they are going to have any tapes of it. it only records video when the blue lights are on. so i guess he turned them on and turned around to come after you... only after you went through the intersection.

Yeah I figured he wouldnt have one. He didnt flip his lights on anyway, just pulled behind me gunned it and waved me over after hitting the siren once.

[mushroom_toy]

ask to talk to the solicitor on your court date. if they cant work it out with you right there, get a continuance so atleast you can consider your legal options and perhaps save up some $.

Yeah I plan on doing this tomorrow, I was going to today but I couldnt find the #.

[AnTi-PooN]

i have asked advise on stuff like this from my boss who is an ex-cop. he said more than likely, like 80% of the time, on something like that the cop won't even show so it's automatically dropped, but other than that i dunno dude.

[mushroom_toy]

^Yeah I really done know what to do...im torn on going to court and pleading not guilty, or pleading nolo even though i didnt do the crime, but i might be getting some moneys tomorrow, so i might be doing a trial.