Legal Question in Traffic Law in New Jersey

yellow or red?

I got a ticket under 39:8-41 for ''failure to observe ticket''. I was crossing into an intersection to turn left when the light turned yellow. The officer claimed I went through a red light. He was also so abrasive I felt he wanted to get me mad in order to arrest me or something.

I've been to court twice (officer didn't show up), and have a final court date to see if the officer will show up. Otherwise, the case will be dismissed.

I'm afraid the officer will show up and it'll be his word against mine.

I have not hired an attorney even though everybody seems to say I should - can someone please explain why it would be necessary and since when could you not defend yourself in court for a simple traffic ticket?


Asked on 10/06/07, 11:13 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: yellow or red?

It is lawful to drive through a yellow light so long as, traveling within the speed limit you can not reasonably expect to stop your car safely. Under your version you are not guilty. The officer is going to

support his issuing the traffic ticket.

Why would you need a lawyer? You know nothing about court.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/07/07, 12:15 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: yellow or red?

You can defend yourself, but have you ever heard the old expression about people who defend themselves? Most lawyers I know won't even represent themselves for divorces, criminal charges, etc.

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Answered on 10/07/07, 9:47 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: yellow or red?

You sound like a confident kind of guy. If you think you can do it, give it a shot. And don't be surprised by the result. Most people who try to do things that they have never done before are unsuccessful the first time.

The best reason to get an attorney is that they have better track records in getting better results than those who represent themselves pro se. Especially in Municipal Court, you would be more likely to get a better plea bargain, with an attorney, and therefore limit your consequences.

Good luck! Rob Gleaner

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Answered on 10/07/07, 11:24 am


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