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Hi,
I got a ticket 3 days ago for making a left turn. Before making a left turn I checked and saw there was neither red ,yellow or green on the traffic light. When I made the turn a cop pulled me over and gave me a ticket. I told him the traffic light was not working and he told me he's going to go back and check it. He gave me a " failure to observe signal" which cost about 85 dollars (2 points) and I have to appear in the court. In order to plead not guilt I have to let them know 7 days before my court date.
What is the best option for me ?
1) ask the judge for a defensive driving class which will drop of my points (not sure if Insurance companies in NJ takes that into consideration.)
2) cut a deal with the prosecutor which will be around 450 (which I def can't afford since I am unemployed)
3) Do community service or ask for speeding probation ? (not sure if they have that option in NJ)
4) Hire a ticket attorney on the spot ( not sure how much it cost ) and drop the charges to non moving violation.
5) plead not guilty and if the police officer lies saying that the traffic signal was working, then I might lose the case and may have to pay more in court fees plus the fines
The first thing you should do is find out if your insurance company adds a penalty for points or by violation. If they only add for points, then I would talk to the prosecutor and pay more for no points (most people do this). If you choose an attorney you will likely end up paying more than if you tried to negotiate with the prosecutor yourself. If you fight the ticket and the cop defends, then it will just be your word against his and you will likely lose (unless you can somehow prove that the light was out on that day, you try giving PSE&G a call and asking. I suppose it wouldn't hurt).
The attorney will just get you the same deal (careless driving) you can get yourself. You can fight but remember the cop's word is proof beyond reasonable doubt of your guilt; there is no justice.
I would consider taking a picture of the traffic light not working if it's still in that condition.
BTW you don't have to ask any judge to take a point reduction class, anyone can do that.
never heard of anything called speeding probation, you weren't speeding anyway.
You do not please down to Careless Driving, that is a completely seperate moving violation with points attached. What you plead down to is a 0 point moving violation for Unsafe Operation.
Just an FYI, if you have had any other violations in the past 3 years the prosecuter is less likely to plead to a 0 point violation. Also, if you have 2 additional Undafe Operation tickets, once you get a 3rd they go from 0 points to 3 points each.
Quote:
Originally Posted by nybbler
The attorney will just get you the same deal (careless driving) you can get yourself. You can fight but remember the cop's word is proof beyond reasonable doubt of your guilt; there is no justice.
I have to appear in the court. In order to plead not guilt
It is very rare that a simple Failure to Observe summons is a mandatory court appearance. If you wish to plead not guilty, then of course you will have to appear.
While it is possible that one signal unit could have the red signal bulb burnt out, there is always more than one unit at every intersection.
Did you come to a complete stop before turning? If so, go back and take multiple pictures and have them printed on either 5x7 or 8x10 photopaper. Have the date in the picture if your camera is so equipped, go to court and plead your case. In some cases, if the ticketing officer is not present, they may simply dismiss the case.
Next time don't do it. Didn't you see the cop right behind you? If you had to make the illegal turn you should have made sure the coast was clear. Used your cell phone to document the light problem with the video feature. Or simply waited and waited until everyone started going around you, and let them get the ticket. Also you could have turned right, made a legal u-turn and went on your way.
Just because a lot is broken, doesnt mean you can go through it unless your life was in danger.
Also this is a minor offense, dont blow your money on a lawyer for this.
You will get a deal anyway, no points but you will have to pay over $400 to plead it down.
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