Ticket for Disregarding a Stop Light

[steffie]

My question involves a traffic ticket from the state of: Michigan

Hello,

I was recently cited for disregarding stop and go light. The light was changing to yellow when I approached it, and I proceeded on, however I was stopped and told that I absolutely had to stop, even for a yellow light. There was no way at the time I could have safely stopped for the light, posted speed on this road is 45mph. I had told the officer that I wanted to go home. He then lies and writes right on the ticket, "driver admitted to running light" when I had done no such thing.

I'm a CDL driver with a otherwise spotless record, but this threatens to add 3 pts to my license. I'm strongly considering disputing this ticket. Should I? What advice could you give? Thanks in advance.

[jk]

do you have the specific law cited?

(b) If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

I really hate this law. It allows the cop to make the call as to whether they thought it was safe to stop of not.

There was no way at the time I could have safely stopped for the light,

If you are going to contest it, you will have to convince a judge of that.

[steffie]

Thanks for the reply. Ticket says 257.612 (1) C -- "Disregarded Stop and Go Light". The ticket also says that the light was red before I entered the intersection, but this is false. The light may have turned red while I was under it, but I could not tell. This intersection seems to have cameras, could they be used to my advantage?

So I just have to put forth a best effort to convince the judge? If I'm still found guilty in court, will the punishment be increased? Thanks again.

[jk]

257.612(1)(c)


(c) If the signal exhibits a steady red indication, the following apply:
(i) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection and shall remain standing until a green indication is shown, except as provided in subparagraph (ii).
(ii) Vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection, may make a right turn from a 1-way or 2-way street into a 2-way street or into a 1-way street carrying traffic in the direction of the right turn or may make a left turn from a 1-way or 2-way street into a 1-way roadway carrying traffic in the direction of the left turn, unless prohibited by sign, signal, marking, light, or other traffic control device. The vehicular traffic shall yield the right of way to pedestrians and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

based on that, I would say the cop flat out denies the light was yellow.

given you have a CDL, I would consider hiring a lawyer to help you with this. It would be beneficial to get this reduced to a charge that does not add points to your license, if possible.


if cameras show you did not enter the intersection when the light was red, yes, that may help. They could help or hurt if you entered on yellow. It could show you would be too close to be able to stop safely, if that is what happened or, it could show you have plenty of time to stop safely, if that is what happened.