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Cited for getting caught at intersection in red light

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Latest post Tue, Jun 6 2017 7:59 AM by JamyeP. 3 replies.
  • Mon, Jun 5 2017 11:22 AM

    Cited for getting caught at intersection in red light

    I received a traffic ciattion in Port Isabel as I was caught in middle of intersection when the traffic light was red. I was driving on the main street when a pickup truck came behind my vehicle with lights on high beam and I got distracted from the traffic light for a few seconds. When I was crossing the white line, I realized the light was yellow and I continued on, as I was past the point of stopping safely. The intersection was big and in the middle of intersection, the light turned red and a cop pulled me over soon and cited me for running a red light.

     

    When I explained my situation to the cop, he listened patiently and then said "I cite everyone whom I find in the middle of intersection when light is red". Is it a valid argument to cite someone? I beleieved it's legal to enter an intersection when light is yellow. Do I have a strong case to get rid of the ticket? I'll have to go through a pretrial first if I decide to plead not guilty.

  • Mon, Jun 5 2017 12:16 PM In reply to

    Re: Cited for getting caught at intersection in red light

    jaychatterjee:
    Is it a valid argument to cite someone?

    The cop doesn't need "a valid argument to cite" you.  You appear to have entered the intersection illegally.  If you disagree, you're free to fight the ticket.  That you were "distracted" because a car behind you had it's high beams on, that's not a valid defense.

     

    jaychatterjee:
    Do I have a strong case to get rid of the ticket?

    If it's just your word against the cop's word, no.

  • Tue, Jun 6 2017 6:55 AM In reply to

    Re: Cited for getting caught at intersection in red light

    jaychatterjee:
    I beleieved it's legal to enter an intersection when light is yellow.

    Hard to tell from the statute.

    544.007(e) An operator of a vehicle facing a steady yellow signal is warned by that signal that:

    (1) movement authorized by a green signal is being terminated; or

    (2) a red signal is to be given.

    http://law.justia.com/codes/texas/2015/transportation-code/title-7/subtitle-c/chapter-544/

    Doesn't say that you can't enter on the yellow, but...

     

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Jun 6 2017 7:59 AM In reply to

    Re: Cited for getting caught at intersection in red light

    In most jurisdictions, you are considered to have run the red if you have not cleared the intersection completely during the yellow.  The yellow is only long enough for those vehicles already in the intersection to clear it before the light turns red. 

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