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Possible defense to 39:4-81 red light camera ticket in NJ?

Marlton, NJ |

Received a right on red camera light ticket in Cherry Hill, NJ, 39:4-81, failure to observe traffic signal. Is a viable defense I may have not come to a complete stop at the light, there were no peds or other cars, but that would be a violation of 39:4-115(b), the right on red law and not 39:4-81 and therefore I was issued a ticket for the wrong traffic law?

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Attorney answers 5


That's a great idea. The prosecutor will be very happy to give you a 3 point ticket in place of a 2 point.

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I believe the red light camera ticket is a zero point ticket. By amending to the charge you believe proper, you would be adding 3 points.

Law Offices of James A. Abate (732) 412-2364

James Alexander Abate

James Alexander Abate


I thought you said it was a red light camera. My colleagues are correct. It is a 2 point ticket.


I believe the NJSA 39:4-81 failure to observe is a 2 point ticket. The citation of NJSA 39:4-115(b) is a 3 point ticket.

The Law Office of Brandon D. Walcott - 3 Harrys Court, Suite A, Ocean View, NJ - (609) 390-8888 - This is for general purposes only and does not constitute an attorney-client relationship. Contact an attorney licensed in your State for specific inquiries.


Mr. Abate is correct. However the municipalities which issue "camera" tickets handle a heavy volume of same. You can plead not guilty and request a trial. You may not have much to lose.


Mr. Abate is correct. the deal on the camera is that it is 0 points in exchange for no testimony from a human. You can argue you did nothing wrong because it did not effect traffic but why bother. You should consider paying the ticket unless your insurance counts events and not points. Check that first. the ticket.

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