QUESTION
At what point is it a failure to stop at red light?
Asked on Oct 14th, 2013 on Traffic Violations - Massachusetts
More details to this question:
I was traveling a state highway in the city of Lowell when a light turned yellow. I drove through the intersection, but the light may have turned red before I exited the intersection, it was yellow as far as I could see it. I was cited for violating MA General Law Chapter 89 Section 9. The citation has "Failure to stop at red light" on it. However, I feel that isn't correct. I could perhaps see blocking the intersection since I may not have cleared the intersection before it turned red. I feel I could not have hard stopped without risking a rear end collision in bumper to bumper traffic. The problem I foresee is that it boils down to my wife and I's word, against the word of the officer. The courts, I'm sure, always side with the officer. Is the best I can expect is a reduction in fine and possibly the option to take a defensive driving course to avoid points? Or is this something that could actually be fought?
1 ANSWER
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Robert E. Winer
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I would recommend requesting a clerk's hearing. You do so by checking off a box on the back of the citation and mailing it in. You may hire a lawyer to represent you at the hearing or represent yourself. If your driving record is clean I'd recommend pleading that the light must have just changed red, you're not a habitual offender, and you won't let it happen again. Any mention of "it was yellow" or "the officer is lying" will more than likely not go in your favor. Ordinarily, it helps if you have counsel.
Answered on Nov 05th, 2013 at 1:02 PM