Disobeying RR flashing w/green light?

[mchenrycounty]

1:30 AM. Policeman and driver passed going in opposite directions. Cop did a u-turn & pulled up behind. We think he did this because of the youthful look of the driver (21 , but looks younger). Driver stopped with a red light, at intersection B4 a RR (Metra) crossing. During red light, train came through, so RR lights flashed, gates came down, etc. Train passed through w/o stopping. Gates started to go back up, GOT A GREEN TO PROCEED, so driver did so, but lights were still flashing. Police gave ticket for "disobeying RR signals indicating oncoming train" and there's a manditory court date.

Where do we stand with this?

1) The train had passed, gates were on the way up (not down) but were still flashing
2) Driver moved on a green light, so the RR signal had to have "released" the traffic light signal, right?

Thanks!

 

[mightymoose]

The lights were still flashing... technically, the driver is to wait for the red lights to stop flashing, regardless of the crossing arms. The red lights came before the green light.
Consider the argument that you are at a red traffic light, but the light at the next intersection turns greem, so the driver continues.... driver should wait for the closes one to change first.
That said, a decent argument might be made in court. The train had passed, the green light did come up, the signals were conflicting and maybe confusing... but the driver proceeded safely when he saw the green signal.
This sounds like the cop was bored.... OR... maybe he got some lip when he made the stop. Lots of times police stop a car and don't intend to write a citation, but the drivers talk the cop into it with their attitude.