"Observing Traffic Signals, N.J.S.A. 39:4-81"

Driver may be guilty of not observing traffic signals in Old Bridge, New Jersey, for example, if he or she did not obey instructions of any official traffic control device.

This offense is commonly charged when a police officer observes a driver go through a red light.

Drivers typically wish to mount a defense that the light was yellow.

This fact does not constitute a defense under New Jersey law.

A conviction of this violation results in two motor vehicle and two insurance points.

Defenses

New Jersey traffic attorney contacts the New Jersey Department of Transportation with respect to the traffic control device in question.

If the traffic control device in question has not been properly authorized or properly installed according to Department of Transportation regulations the ticket may be dismissed.

Another possible defense is that the driver had no opportunity to view the signal because of signal malfunction, obstructed view due to overgrowth of shrubbery or vegetation, sun glare, fog or that they were within less than 10 feet of the light when it turned yellow.

Driver bears the burden of convincing the court of the merit of such a defense and courts typically either reject them outright or do not accept them without reluctance, reservation and even suspicion.

Did You Know

This offense may be charged to pedestrians as well as drivers.

Should you have any questions about failure in observing traffic signals charge, click here to contact a NJ Traffic lawyer.