Traffic Law Interpretation (& LEO Encounter), Flower Mound

[dburke87]

Although the law doesn't always follow good common sense, it would be ridiculous if it was illegal to enter an intersection on a yellow whether or not the light turns red while you are still in the intersection or not. Say you're driving 45 in a 45 or even 40 in a 45 and you are 10 feet from the stop line when the light turns yellow. You couldn't possibly be expected to stop in time, thus the "stop on yellow if you can safely do so," which in this case, you couldn't. I see no reason why you should have been ticketed there if it was yellow as you passed the stop line, and I would absolutely fight it.

[Jeff B.]

In between work, I went down to the FMPD HQ and asked about data retention. I was told the minimum was 90 days (very friendly BTW) , and that if I wanted anything in particular to file an Open Records Request.

So, I've downloaded one and will have it to the PD shortly. The rub comes when I have to schedule court time and take vacation. I'm losing taking time off, but, to some degree it is the point.

Jeff B.

[Rex B]

If you set it for trial, I think you'd want a subpoena of that tape instead.
I believe you would specify that when you set it for court.

IANAL etc

[CrimsonSoul]

The movement authorized by the green light wasn't yet canceled by the light because it was not red so you were still authorized to go through the intersection and since the light turned red after you had past the stop line you were not able to stop because you would have been blocking the intersection and in more of an area to get into an accident so your only prudent choice was to continue through the intersection at the safe and constant speed that you were currently traveling, but IANAL so there you go


§ 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL.

(d) An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. A vehicle that is not turning shall remain standing until an indication to proceed is shown. After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may:

(1) turn right; or
(2) turn left, if the intersecting streets are both one-way streets and a left turn is permissible.

(e) An operator of a vehicle facing a steady yellow signal is warned by that signal that:

(1) movement authorized by a green signal is being terminated; or
(2) a red signal is to be given.