8 Ways to Get a Red Light Ticket Dismissed

General information, not legal advice. This post describes how traffic stops, accidents and traffic court work in general. Every case turns on its own facts, and reading this post does not create an attorney-client relationship. For advice about your own ticket, call The Traffic Ticket Attorneys at (310) 455-6810 for a free consultation.

A traffic stop following a perceived red light violation can result in a ticket that could be quite costly to the driver. Police officers and judges have little tolerance for this particular driving violation. Even good drivers may make this driving mistake for various reasons. The cost of the ticket can last for the next three years without proper handling of the situation.

1. Verify a clean driving record

Contact the Department of Motor Vehicles to request a copy of the driving record.

2. Know the traffic code

A vehicle that is already in the intersection when the light turns red is not in violation of the red light laws. The wording of the traffic law can be dissected, and used, to dispute the ticket. The police officer’s perspective is important to the judge as well. His position can be disputed if the driver has concerns.

3. Prior marks on the driving record

Some judges have a reputation for eliminating the points associated with the violation. In this case, a driver can attend the court date to address the ticket.

4. If yes, attend the court date

A clean driving record is an indication of responsible driving habits. Drivers, who are not a danger to themselves, or others, have the opportunity to request special consideration through one of the following methods.

– Ask the court – A driver can ask the judge for a dismissal on the court date, which is explained below.

– Ensure the police officer is present – The individual in authority who writes the ticket must be present. If this person does not keep the court date, the court may dismiss the case or reschedule it.

5. Intersection photos are hard to dispute

Few jurisdictions will change the decision when a traffic camera catches the vehicle in the intersection with a red light. The timing is difficult to challenge when the camera is programmed to take the picture after the light turns red.

6. Ask for dismissal

A clean driving record is sufficient leverage for requesting that the ticket be dismissed on the court date. In the absence of the police officer, the court may dismiss the case or reschedule it.

7. Request a trial

A driver present on the court date might not be able to negotiate the preferred outcome. In this case, a trial date can be requested. The case will proceed accordingly.

8. State what happened

Details concerning the timing of the trip through a controlled intersection can introduce doubt in the judge’s mind. Each of these defense positions can assist the driver in his quest to have the ticket dismissed.

• Officer’s position – The driver is wise to return to the intersection and observe the situation from where the officer was positioned. Certain places around the intersection do not offer the officer the right angle for seeing the same traffic light as the driver would have seen. This defense can result in a dismissal of the case.
• Out of necessity – A driver who feels danger from slick roads or a tailgating driver should state these facts to the judge. A picture of the icy road on the same day will be of interest to the court. Make certain that the date and time are present on the photo. The signature of two unrelated witnesses can be helpful.
• Obstruction of view – Large vehicles in front of the driver’s car can block the view of the red light until the car enters the intersection. A judge will listen to this defense.

Drivers can be successful in the quest to have their red light ticket dismissed as long as the judge believes the driver will not repeat the offense. Dangerous driving on the roads is avoided at all costs because of the risk to people’s lives and safety of public and private property.

Image: Kate Ter Haar on Flickr, CC BY 2.0.