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I was sited in an accident for a red light. The violation…

I was sited in an...
I was sited in an accident for a red light. The violation code the officer wrote is 331.19 which is for a stop sign. Is this correct? I am scheduled to appear in mayors court tomorrow. Thanks for your help.
The ticket was issued in Ohio.
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Answered in 5 minutes by:
8/29/2017
Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 39,267
Experience: Former Asst State Attorney/Hearing Officer
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Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

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Customer reply replied 11 months ago
Is that the right charge for a red light violation?

Yes, that is a stop sign statute.

331.19 OPERATION OF VEHICLE AT STOP SIGNS.

(a) Except when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

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Customer reply replied 11 months ago
Is it admissible for a red light violation?

No, it is a stop sign violation, not a light violation.

It is the wrong cite.

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Customer reply replied 11 months ago
Would that dismiss the case?

It should. They are not proving the charge specified in the citation.

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Customer reply replied 11 months ago
Last question, I have to appear in mayors court. Is this something I can bring up myself? Or would it be better to have a lawyer present?

It is always best to have an attorney, but you can raise it yourself. Bring a photo of the intersection showing that there is no stop sign at that intersection.

Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 39,267
Experience: Former Asst State Attorney/Hearing Officer
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