Failure to obey a traffic signal is a common traffic violation issued in New Jersey. A traffic control “signal” can be any traffic control device that directs you to obey a specific traffic law, such as a traffic light, a stop sign, railroad crossing sign, yield sign, or “No U-turn” sign.
If you receive a ticket for failure to obey a traffic signal and decide to simply plead guilty and pay the ticket, you will end up with points against your license. If you have an out-of-state license, New Jersey may have reciprocity with your home state and you could end up receiving points against your license in your home state.
Furthermore, points against your license often means paying more for your auto insurance for at least 3 years. But, just because you received a ticket for a moving violation, doesn’t mean that you have to plead guilty to it.
Call our office today. We would like the opportunity to discuss the particulars of your case and how we can help.
Failure to Observe a Traffic Signal (N.J.S.A. 39:4-81)
Under N.J.S.A. 39:4-81, unless you are directed to do otherwise by a law enforcement officer, you are required to obey the traffic signals given by any official traffic control device. If for reason of power outage or malfunction the traffic device is not working or illuminated, you should stop and yield the right of way before entering the intersection.
This statute is very similar to Failure to Stop for a Traffic Light (N.J.S.A. 39:4-105) and law enforcement officers typically issue tickets for these two traffic violations interchangeably. Both violations are taken very seriously and can cost you a lot in terms of fines, points against your license, and insurance rate increases, not to mention the loss of your driving privilege.
What Are the Penalties for Failure to Observe a Traffic Signal in New Jersey?
The penalties for failure to observe a traffic signal in New Jersey are as follows:
- A fine of $50 – $200, which will be doubled if the offense is committed in a construction zone, safe corridor, or 65 Mph zone
- Up to 15 days at the judge’s discretion
- 2 points against your driver’s license
- $33 court cost to contest the ticket and an additional $6 assessment
Furthermore, if you accumulate 6 points or more, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for three years.
Moreover, a conviction for failure to observe a traffic signal can cause your insurance provider to increase your insurance rates significantly.
Defenses to Failure to Observe a Traffic Signal in New Jersey
Compared to some other traffic violations, there are not very many viable defenses to failure to obey a traffic signal. But, the defenses that do exist can usually be categorized in one of three ways:
- Challenging what the officer saw – if you can prove that the officer was not in a position to see what he or she claims to have seen you do, you may be able to convince the court to drop the case.
- Challenging the visibility of the traffic signal – you can’t be prosecuted for disobeying a traffic signal that was not visible to you. If you can prove that the traffic signal was obstructed, illegible, not illuminated, or not visible from the road for any other reason, you may be able to beat the ticket.
- An emergency – an emergency may have required you to disobey the traffic signal. This might be the case if you were carrying an injured or ill person and getting to the nearest hospital as soon as possible was a matter of life or death. In these cases, the court might be inclined to rule in your favor.
Even if you have no valid defense to disobeying a traffic signal, you may still have some options. You may be eligible to attend traffic school in lieu of a conviction. You may also be able to plea bargain the ticket down to a lesser offense.
In any case, the assistance of an experienced New Jersey traffic ticket attorney will be vital to getting the charge dismissed or reduced and to minimizing the consequences of a conviction.
Why Hire Us to Defend a Ticket for Failure to Observe a Traffic Signal in New Jersey?
If you have received a ticket for failure to obey a traffic ticket in New Jersey, you have options. Our New Jersey traffic attorneys can advise you on the best option for your case, whether that be to simply pay the ticket or fight it.
If you choose to fight the ticket, we will make sure that the officer can prove your violation beyond a reasonable doubt and, hopefully, we can prevent points being assessed to your license. Call us today for a no-cost, no-obligation consultation.