Fail to Stop for an Approaching Train: Fines, Traffic Points and Defense.

Many individuals have done it – the railroad crossing lights are flashing, the barricades are sliding down, and they know they’re prepared for a long wait – so they quickly speed up and go over the tracks while there is still time. This is a traffic violation that carries heavy consequences and sometimes results in injuries and death. This includes speeding to beat the train, or driving under or around the barricades. According to a National Safety Board Study of 60 train-collision accidents, 49 were caused from vehicle driver error.

Fines and Penalties

If an individual is found guilty for failure to stop for an approaching train, he or she could receive a $150 fine, as well as up to 15 days in prison. For a second or third offense, they could be charged between $300 and $450 and spend between 45 and 90 days in prison. There are also penalties such as community service that can be tacked on to individuals with more than one offense.

Traffic Points and Impact on Driving Record

Individuals found guilty of a first offense of failure to stop for an approaching train will typically be given 3 points. If an individual receives a certain number of these points in a short amount of time, they could end up with their driver’s license suspended. The points also make the individual’s car insurance premiums rise, so that they continue to pay for their traffic violation charges even after the fine has been paid. These are hefty penalties, and for this reason, those who feel they were innocent of the traffic violation may choose to fight the charge.

Hiring a Lawyer

If one chooses to fight the charge, it’s important that he or she hire an experienced attorney. Attorneys understand the laws and are experienced in representing those accused of traffic violations. They can often obtain a reduced fine or ensure that no points are placed on the individual’s record. In many cases, attorneys can prove that their client is innocent, therefore getting the charges dropped. Individuals are much more likely to get lesser charges or to get the charges dropped if they have an experienced attorney working for them. Most attorneys offer free consultations where individuals can get to know their rights and options under the law.

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