Red Light Tickets Issued by a Police Officer
39:4-81. Failure to Observe Signal (red light ticket) = 2pts
This is a ticket issued by a NJ Police Officer when he observes or has reason to believe that a person has run a red or yellow light. A Summons for Failure to Observe Signal (39:4-81) otherwise known as running a red or yellow light will cost you two points on your license and as described below possible other penalties. In addition to points, you could also receive up to 15 days in jail. (note that unless your offense involves an accident or a mandatory court appearance it is very rare, but possible for a judge to impose jail). Many defense exist to this offense, but you must take the first step and get proper legal representation.
The Points associated with this ticket can cost you dearly on your insurance. For Insurance purposes it takes 3 years from the date of your violation/conviction for the points to be eliminated off your insurance. That is why a conviction for this offense should be fought with proper legal representation and will in most cases cost less than the amount your insurance will increase.
Because this ticket does have points, if you get too many points (12) your license will be suspended. If your license is suspended you will not be able to drive at all. With a suspended license you cannot drive to work, home or even the grocery store that is why protecting your license and getting the best representation for your red light traffic ticket (failure to observe signal) is so important. Don't do it alone we can help. Call our office at 1-800-9-RIGHTS to setup a free in office consultation to find out how we can reduce or eliminate these penalties for you. By hiring our office you could save thousands of dollars on your insurance for the next 3 years so what do you have to lose, call 1-800-9-RIGHTS now!
Additional Problems for CDL Truck Drivers: Although CDL Truck Drivers will get the same 2 points for a Red Light ticket a CDL driver will be suspended if he get 2 serious tickets in 3 years. Most trucking companies will not hire you if you have even one ticket serious or not, because they may not be able to insure you as a driver. Thus, if you are a CDL driver you must contest every ticket and keep your license clean. Call our office not to set up your free in office consultation, the call is free the result could be priceless!
The Elements Needed by the State to Get a Conviction for Failure to Observe a Signal:
1) The ticketed person was the Driver of the vehicle
2) The Driver failed to stop for a Red or Yellow Light
3) The Device in question is official
4) The device was placed pursuant o the applicable statutes under Article 11 Chapter 4 of Title 39
Unfortunately, all the state needs to prove to get a conviction by most judges is elements 1 and 2 because the state is given an inference that the traffic control device is question was properly and lawfully placed. The defendant would need to prove that it is not which is a very hard standard to prove. Thus if you need to win this charge you need a good lawyer on your side.
Penalty for a Willful violation of Going through a Stop Sign in NJ
Under NJSA: 39:5-31: A judge may suspend the driving privileges of any person he/she deems to be guilty of a “willful violation” of the law. In simplified layman terms this means that, if the driver knew or should have known, what he/she was doing was illegal or improper, (example running a red light or speeding double the limit or 30mph or more over the limit etc.) the judge may issue a license revocation or suspension to that person even if the particular statute has no provision for a license suspension.
A suspension under 39:5-31 is generally only given by a judge when a ticket is either:
- Marked with a mandatory court appearance or
- When an accident occurs as a result of the ticketed persons actions or
- If the person has a bad past driving record. (points may go away over time, but the violation stays on your record for life)
Accordingly, If your ticket is marked mandatory court appearance, do not try to handle this ticket yourself, put the experience of Attorney Aalsberg to work for you to help reduce or eliminate any possible license suspension. Attorney Aalsberg has a 98%* Success rate to win, reduce or eliminate the penalties for all NJ traffic ticket charges.
Let Us Help:
- Eliminate Your Points
- Reduce Insurance costs
- Keep your record clean
Red Light Tickets Issued by a Camera
RED LIGHT camera tickets were outlawed in NJ as of December 17, 2014. If you have a red light ticket for this offense after this date your ticket should be dismissed. However points from a red light ticket in another state may transfer to your NJ license as 2 points if that state considered the red light ticket a moving violation.
Recorded Images Red Light Ticket = 0 pts How it works: The red light cameras work in conjunction with sensors that are set up in the intersection which automatically triggers the video cameras when vehicles are going through the red lights. All four tires of the car must go through the red light. The sensors then trigger the cameras to provide three separate pictures from the intersection:
One shows the vehicle crossing the stop bar painted at the intersection. The second shows the vehicle crossing the bar. The third shows the license plate picture for ticketing purposes.
Violators (always the registered owner of the car) receive a ticket in the mail. This letter notifies the owner of the car of the violation and gives them access to a website where they can view the video after entering a pin number. The video will show their vehicle going through the red light at the designated intersection. A violation occurs when a motorist enters an intersection after the signal light has turned red. Motorists trapped inadvertently in an intersection when the signal changes to red (e.g., waiting to turn left) are not considered red light runners pursuant to this statute.
Violations are sent to the motorist that is registered as the owner by the Motor Vehicle Authority not the driver. Due to this fact the recipient of the fine is not penalized with any points, their driving record is not blemished and there is no effect on insurance. Unlike a charge for failing to observe a signal above we suggest that you pay this ticket if it is in fact your car in the video and picture. Unfortunately, the cost of fighting a red light ticket in NJ will generally outweigh the benefit of getting a not guilty verdict at trial. However, do not wait to pay the ticket because additional penalties could be assessed against you if you are late with payment such as, increased fines and even the suspension of your drivers license or registration privileges