Photo Red Light Defenses

My brakes malfunctioned.  Is this a defense to my photo red light violation?

No, as with any traffic violation, equipment malfunction is not a defense.  See Boulder Revised Code section 7-3-1 Unsafe Vehicle.

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The roads were really slippery at the time, and I felt that it was safer to go through the intersection than to brake and stop in the middle of it.  Can I get my case dismissed?

No, weather and/or road conditions are not a legal defense to a traffic violation.  The law (and good driving practice) requires you to drive at a speed that is appropriate to the weather and other road conditions, even if that speed is below the legal limit.  In adverse conditions, you should drive slowly enough to stop for a red light.  Electing to go through the red light because of snowy, icy, wet, or sandy roads is still a violation. 

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I was driving a heavily loaded truck and could not stop for the red light.  Isn't this a defense?

No.  The law requires that the driver of a vehicle drive at a speed that permits the vehicle to be operated in compliance with all applicable traffic laws.  This includes driving at a speed that will enable a driver to stop for a red light, taking into account the longer stop times and distances associated with heavy vehicles.

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I was behind a large truck that blocked my view of the light.  Will the prosecutor dismiss my case?

The law requires that the driver of a vehicle drive in a manner that permits the vehicle to be operated in compliance with all applicable traffic laws, which includes driving behind a large truck, SUV, or bus at a sufficient distance to see traffic lights.  

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Doesn't "Photo Enforcement" violate my constitutional rights?

Automated vehicle identification systems ("photo enforcement") are authorized by both the State of Colorado (C.R.S. §42-4-110.5) and the City of Boulder (Boulder Revised Code section 7-4-74).  Both laws have been upheld against constitutional challenges.  Further, Boulder's photo enforcement program has always been operated in compliance with state law.

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Are there any valid defenses to a photo red light violation?

The only valid defense is the "Necessity" defense.  See Boulder Revised Code section 7-2-6 Necessity.  This defense has multiple conditions that must be satisfied in order to be valid.  If you think you have a Necessity defense, come to court on your scheduled court date to discuss it with the prosecutor.

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Last Updated on Thursday, 07 June 2012 10:03