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What are grounds to contest a "Red Light Violation" (by mail) for a right turn on red (No "no turn on red" sign)?Got a "Notice of Infraction" by mail (Federal Way, WA) indicating violation of RCW 46.61.055 and Municipal Code 15-14. Two photos in the notice. First photo shows the red light in my direction (say S-N bound), and my car was the first reaching the intersection (a car was still passing the intersection). I was on the right turn lane before the stop line. Second photo (2 seconds later) shows my car turning right. Both roads on EW and SN are 3-lane major roads, and no car on E-W bound road has moved in these 2 sec. The intersection was clear, and no "No Turn on Red" sign. What could I have done wrong? There was a man standing before the intersection (failed to yield?), but he was holding a big "store closing sale" sign, and clearly not a ped waiting to cross. What else?
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I did not completely stop before the red light for 2 reasons. At first, the red light just turn on when I reached the intersection. According to the video, I reached the stop line about 0.4 seconds after the light turned red. Secondly, the car behind me was very close to my car (about 15 feet), and showed no intention of stopping (in fact, that car turned right after me). If I suddenly stop, I could have been hit by the car behind me. The video and photos showed that I was turning at constant speed below 20 MPG. Is "defensive driving" an acceptable cause to fight the infraction? Thanks for the answers. Attorney answers (3)
Reputation Level 19
Answered over 2 years ago.
Criminal Defense Attorney in Newark, NJ.
Contesting these types of photo summonses can be a frustrating business, especially when you know you did not commit the offense. Take photos of the intersection to show the lanes, signage, etc., before you go to Court. (Make certain you do not endanger yourself or anyone else while taking these photos; or, commit another offense like stopping and blocking a lane of traffic while getting the photos). Meet with the prosecutor and discuss the information you listed in your question. Ask whether the system has made similar bad calls with other motorists, or if you are the unlucky first driver this happened to. Be polite and persuasive, not argumentative. Good luck.
DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified counsel with whom you can share information which can be assessed under an attorney-client privilege, so that you can get competent legal advice from which you can make informed decisions. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case. 3 people marked this answer as good
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We are researching a class action against the issuers of these red light tickets. Please visit www.camerainfractions.com if you have received such a ticket and are interested in getting your money back. Thanks.
2 people marked this answer as good
RCW 46.61.055(3)(a) provides: "...the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement...." The statutes are at http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61 .
The key phrase here likely is "after stopping". If there are only two seconds between the two photos, you likely did not fully stop. You can find the official text of the statutes and check whether the official text is also missing a comma after "after stopping". Cases sometimes do turn on such linguistic nuances. 3 people marked this answer as good
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