I recieved a ticked for going around a train track stopper when there was no train. have questions!?

ok so i was sitting at a train track and the bar was down and i looked a million times and there was noooo train around. these train stopper things always malfunction while at this particular stop. so i went around the bar bec i was late for work and didnt know how long it would take for them to go back up. so i safetly crossed the tracks and right after a cop pulled me over. while we were sitting there and he was writing the ticket the bar went back up, no train had went through, and then they went back down and back up again. still no train. i explained this to the cop who said i was still getting the ticket. im def. going to fight this but what's your opinion. will they drop the points, the whole thing? i know i crossed the tracks with the bar down but it malfunctions all the time.