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Traffic ticket - 39:4-81 - right turn on red, Edison NJ

Edison, NJ |

I got 39:4-81 ticket from new camera system (REDFLEX traffic system) in Edison, NJ. I have made right turn on Red signal and video is available on photonotice.com posted by REDFLEX system. Location was Route US-1 South & Prince ST SB, Edison, NJ. There isnt any sign board that say "No turn on Red". It was 3 road cross section and I have made slow right turn on RED. I have given proper right turn signal, lower speed and slow right turn. I havn't done full stop. How can I fight this? Please advice me. Thanks.

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Attorney answers 4

Posted

I believe under 39:4-8.15 that you cannot be assessed points on this otherwise 2 point ticket if the evidence is solely from the camera. I may be mistaken but I think I am right. The camera evidence is admissible and the Statute actually makes the vehicle owner viable unless proven otherwise. However if a "no turn on red " sign was not posted you maneuver was legit if you came to a full stop. A case concerning another MV statute created a "no harm no foul" type defense. The same video would show if your action effected other traffic. If it did not you could make this argument. Edison is a reasonable Court and prosecutor. But to do this properly you likely need an attorney. The cost of the defense would outweigh the benefit unless the conviction would cause higher insurance costs. Check that and decide. Call my office for additional information or a free consultation is you like.

Asker

Posted

I have called court to plead not guilty, and person told me that photo camera ticket does not have points only fine. But I have asked for trial and will go and explain prosecutor. Thanks.

Mark M Cheser

Mark M Cheser

Posted

I indicated that 0 points

Asker

Posted

Yes, you had mentioned that in your feedback as well as when I called you. Thanks for your accurate reply.

Posted

You can plead not guilty and request a trial.

Posted

This is a 2 point moving violation. With that said, you need to come to a full stop at red lights. However, you can plead not guilty and hopefully explain your circumstances to the prosecutor. He may or may not amend the charge to a 0 point ticket. Your chances drastically improve if you hire an attorney.

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

Posted

You can plead not guilty and explain your scenario to the prosecutor and see if he's willing to amend the charge to a 0 point violation. Your driving record may impact his decision. You have a better chance of getting the points reduced if you obtain an attorney.

This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. If you'd like to discuss your matter further and set up an appointment to meet, contact Law Offices of Jennifer M. Mendelsohn: (201) 796-7700.

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