Failure to Observe Traffic Signal Ticket Attorney in Elizabeth, NJ

Did you receive a ticket for failing to observe a traffic signal in Elizabeth, New Jersey? It might seem like a minor infraction, but the consequences can be costly. If you’re dealing with a failure to observe a traffic signal ticket in Elizabeth, New Jersey, consider hiring Attorney Brett M. Rosen. Here’s why:

Understanding the Offense: N.J.S.A. 39:4-81

New Jersey law (N.J.S.A. 39:4-81) mandates that drivers must obey all traffic signals, including red lights, stop signs, and yield signs. Failure to do so can result in a traffic ticket for “failure to observe a traffic signal.”

The Consequences of a Failure to Observe Traffic Signal Ticket in Elizabeth

• Fines: Typically $85-$200 (doubled in construction zones or 65 mph zones)
• Points: 2 points added to your driving record
• Surcharges: If you accumulate 6 or more points within three years, you’ll face additional surcharges from the New Jersey Motor Vehicle Commission.
• Increased Insurance Rates: Your insurance premiums could rise significantly due to the violation.

Defenses for Fighting Failure to Observe Traffic Signal Tickets in Elizabeth, NJ

1. Malfunctioning Traffic Signal:

• Signal Malfunction: The traffic signal was malfunctioning, showing an incorrect color or not functioning properly at the time you entered the intersection.
• Visibility Issue: The signal was obstructed, obscured, or difficult to see due to poor weather conditions, overgrown trees, or other factors.

2. Officer Error:

• Misperception: The officer may have misjudged your actions or misinterpreted the timing of the traffic signal.
• Obstructed View: The officer’s view may have been obstructed, leading to an incorrect perception of your driving behavior.

3. Emergency Situation:

• Necessity Defense: If you ran a red light or stop sign due to a genuine emergency, such as responding to a medical crisis or avoiding an imminent danger, this could be a valid defense.

4. Ambiguity or Confusion:

• Unclear Signage: The traffic signs or road markings may have been confusing, unclear, or contradictory, leading you to misunderstand the traffic rules at the intersection.

Additional Considerations:

• Dashcam Footage: If you have dashcam footage of the incident, it can be valuable evidence to support your defense.
• Witness Testimony: Witnesses who saw the incident can provide valuable testimony to corroborate your version of events.
• Clean Driving Record: If you have a clean driving record, the judge may be more lenient in considering your case.

Important Note:

The specific defenses applicable to your case will depend on the unique circumstances and evidence involved. It’s crucial to consult with an experienced attorney like Brett M. Rosen, Esq., who can evaluate your situation and craft the most effective defense strategy.

FAQs About Failure to Observe Traffic Signal Tickets in Elizabeth, NJ

• Q: What are the consequences of a failure to observe a traffic signal ticket in New Jersey?
  • A: The consequences include: * Fines ranging from $85 to $200 (or more in certain zones) * 2 points added to your driving record * Potential surcharges if you accumulate 6 or more points within three years * Increased insurance premiums
• Q: Can I go to jail for failing to observe a traffic signal?
  • A: In most cases, jail time is not a consequence for a first-time offense. However, repeated offenses or causing an accident while running a red light could lead to more severe penalties.
• Q: How many points do I get on my license for running a red light in NJ?
  • A: Running a red light, stop sign, or yield sign in New Jersey will result in 2 points added to your driving record.
• Q: Will my insurance rates increase if I get a ticket for failing to observe a traffic signal?
  • A: Yes, most insurance companies will raise your premiums after a failure to observe a traffic signal conviction due to the increased risk associated with this behavior.
• Q: What are some common defenses against a failure to observe a traffic signal charge?
  • A: Some common defenses include:
    • * Malfunctioning traffic signal (e.g., not working properly or obstructed)
    • * Officer error (e.g., misperception or obstructed view)
    • * Emergency situation
    • * Ambiguity or confusion with signage
    • * Yellow light trap (insufficient time to stop safely)
• Q: Should I just pay the ticket and move on?
  • A: It’s generally not recommended to pay the ticket without consulting an attorney. Paying the ticket is an admission of guilt and will result in points on your license and increased insurance rates. An attorney can help you explore your options and potentially avoid these consequences.

Additional FAQs

• Q: How much does it cost to hire a lawyer for a traffic ticket in Elizabeth?
  • A: Attorney fees vary depending on the complexity of the case and the attorney’s experience. Brett M. Rosen, Esq., offers free consultations to discuss your case and our fees.
• Q: Can an attorney get my traffic ticket dismissed?
  • A: In some cases, yes. An attorney can investigate the circumstances of your ticket, identify any weaknesses in the prosecution’s case, and negotiate for a dismissal or reduced charge.
• Q: How long does it take to resolve a traffic ticket case in Elizabeth Municipal Court?
  • A: The timeline can vary, but it usually takes several weeks to a few months to resolve a traffic ticket case.
• What are the specific fines for common traffic offenses in Elizabeth, NJ?
  • In Elizabeth, NJ, fines for common traffic offenses can vary based on the specific violation and any aggravating factors. However, here’s a general overview:

• • Speeding:
    • 1-14 mph over the limit: $85 – $140
    • 15-29 mph over the limit: $140 – $200
    • 30+ mph over the limit: $200 or more, plus potential license suspension
  • Running a Red Light or Stop Sign: $85 – $200
  • Careless Driving: Up to $200 and/or 15 days in jail
  • Driving While Suspended: Fines up to $500 and potential jail time
  • Driving Without Insurance: Fines up to $1,000, community service, and potential license suspension
  • It’s crucial to remember that these are just minimum fines. Additional court costs, surcharges, and penalties may apply depending on your specific situation.

• Can a traffic ticket in Elizabeth affect my ability to get a job or housing?
  • While a single minor traffic violation may not significantly impact your employment or housing prospects, accumulating multiple tickets or serious offenses like reckless driving or DUI can raise concerns for potential employers and landlords. A blemished driving record can be seen as a sign of irresponsibility or disregard for the law, potentially affecting your ability to secure a job or rental housing.

• What happens if I get multiple traffic tickets in Elizabeth within a short period?
  • New Jersey has a point system for traffic violations. Accumulating too many points within a certain timeframe can lead to a license suspension.

• • • 6 or more points within 3 years: Surcharge of $150, plus $25 for each additional point
    • 12-14 points: License suspension for up to 60 days
    • 15+ points: License suspension for up to 180 days

It’s crucial to consult with an attorney if you’ve received multiple tickets, as we can help you understand the point system, explore options for reducing points, and fight to protect your driving privileges.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Traffic Ticket Case?

• Local Expertise: Attorney Rosen has extensive experience representing clients in Elizabeth Municipal Court and knows the local traffic laws and procedures inside and out.
• Proven Success: We have a track record of successfully defending clients against traffic violations, often resulting in reduced charges, dismissed cases, or minimized penalties.
• Personalized Attention: We prioritize open communication and tailor our defense strategies to your unique circumstances.
• Free Consultations: We offer free initial consultations to discuss your case, answer your questions, and provide honest advice on your options.

Our Approach to Fighting Your Traffic Ticket

1. Thorough Investigation: We review the police report, analyze the traffic signal’s timing and visibility, and examine any available evidence, such as dashcam footage or witness statements.
2. Creative Strategies: We employ various defense tactics, including challenging the officer’s observations, arguing for equipment malfunction, or negotiating for a lesser charge.
3. Courtroom Advocacy: If necessary, we will represent you in court, presenting a compelling case on your behalf and fighting to protect your driving record.

Don’t Let a Traffic Ticket Control Your Future

A failure to observe a traffic signal ticket can have lasting consequences on your driving record and insurance rates. Let us help you fight back. Contact Brett M. Rosen, Esq. today for a free consultation.

Call 908-312-0368 or email brett@nynjcriminalcivilesq.com to get started.

Brett M. Rosen, Esq. 

We serve Elizabeth and all of Union County.

Disclaimer: This website is for informational purposes only and does not constitute legal advice.