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    A question of logic: I just came back from Traffic Court. I appealed a ticket I received for $80

    for going through a red light in NY (failure to stop; light had already turned red and I was past the intersection.  Throughout this county, the amber light stays on for 3 seconds. There are roads where the maximum m.p.h. is 30, and the one that I was on has a maximum speed limit of 40 m.p.h. I explained to the judge that "you" can't have both a 30 m.p.h. road and a 40 m.p.h. road, each subject to a 3 second amber light (the one between green and red) because "everything else being equal, it will take the vehicle going 40 m.p.h. more time to stop than the 30 m.p.h. one. I had proof of the 40 m.p.h. signs being posted. The judge was real nasty, told me to pay the fine, and did not want to see the evidence. She told me that if I didn't think I could "make it", I should've been going 30 m.p.h.! DUHHH! I said at "30" I'm guilty; at "40", I'm not. Thoughts?

    +3  Views: 1503 Answers: 6 Posted: 9 years ago

    6 Answers

    File a grievance with the Council for Judicial Performance. If your version is all true, she'll never do that again. 


    I had a similar circumstance, had my evidence of how long it takes to stop a vehicle going the speed limit, etc. MY judge tossed the ticket. 


    YOUR judge was wrong. Go back and request a hearing. Officer who cited you must appear or citation is dismissed. 

    Clonge

    t is true. There's no doubt I "ran the light" and I was caught by 1/10 of a second. The whole incident is on tape.I received papers after the judgment explaining how to appeal. After I came home, I did an internet search and found a class action lawsuit filed by a woman who lives near me, for an identical or similar violation at the same intersection. I don't have access to the legal website that it's on, but I'll try the Appellate Division of the NY Supreme Court website. She chastised me for going the speed limit! If she could have,she would've given me a ticket (lol)!

    Is the intersection a Red light Camera ( Safety Camera ) operated, if so Clonge forget about it, it is purely a revenue raiser and constant work for Panel Beaters, as a lot of drivers are so so worried about going through an Amber light which is legal as long as you don't speed up to do so, cause rear enders, there are more rear end crashes now than before the cameras were installed. :)

    Clonge

    As per revenue, that appears to be the general consensus, and I agree about the rear-end collisions.(There are bumper stickers that read "Watch my rear end, not her's!) LOL!_ I heard a stat on the radio, that in the U.S., an estimated 21,000 lives per year are saved due to these cams, and I'm not surprised. I went to a defensive driving course, and almost all of the 30 students had gotten a ticket, and now they're more cautious than ever.

    Logic is involved with the law?


    If that ever happens they'll have to start using common sense too!!

    Hey Clonge,now you know where the statement "The law is an a$$"comes from,,the law is written in stone,with no flexabilty or common sense to judge fairness or truth,,at least not nowadays anyway..>>>>>>>><<<<<<<<..

    Clonge

    it's not the law, it's the vindictive and probably stupid judge. There has to be a county-wide standard, and I think its 1 second for every 10 m.p.h. increase in the speed limit. This section of the road has a 40 m.p.h. limit and the light was amber for 3 seconds (NOT DISPUTED). I will look into this further; I intend to appeal.

    ""

    You just had an a-hole judge. Always fight the tickets cause the offending cop never shows......

    Clonge

    It was via a red light camera. No cop.


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