Ambiguous detour -> left of center? Do I have a case?

What is the name of your state?
Utah

I got a minor traffic violation today (driving left of center) and most would pay the thing and forget about it. Others would plea bargain for perhaps a non-moving violation. I feel certain I would be successful with that in my case, but I feel I shouldn't have received the ticket at all! Here's the story with all the details as I recorded as evidence...




At 2:26 pm today I was returning to the south Dominos Pizza from a delivery to Canyon Road, Logan via 100 East. At the time there was some ongoing utility work at approximately 120 South. A detour was posted simply pointing to the left and traffic cones simply surrounding the utility work area. A "road closed" sign was also posted, but it was obvious that 1/2 of the street (there was no yellow line) was still open. I may note that the traffic cones did begin BEFORE the emergence of the right lane of 100 S, the lane I would have turned onto had I turned left to follow the detour. It was clearly apparent to me that traffic was to be directed to the left of the cones and straight on down the street. I noticed an officer on a motorcycle near the utility work, and had no incentive to knowingly violate the traffic laws. I proceeded with caution, after ensuring that no cars were coming from the south.
I may add that this was not the first time I had driven this same course today on previous deliveries, many times following other cars driving the same way.
This time, however, at 2:26pm, the officer pulled me over and issued me a ticket for driving left of center. The officer understood that the posted directions were unclear and stated that he had issued 12 tickets in the previous hour for the same violation. Even while the officer was writing the ticket other cars proceeded just as I had.
I suggested to the officer that signs be posted that might clarify the detour path, but he responded that the situation had been reviewed and had been found the be in accord with city code, and further, that signs clarifying the detour path as I had suggested would NOT be in accord with the code.
The officer politely explained that he had to issue a traffic ticket to any violator as a means of correcting the problem. I suggested that a more effective means of correction would involve an officer or flagman directing traffic to turn left.
The posted detour was very ambiguous as is evident by the number of vehicles that proceeded just as I had.
I signed the ticket and went on my way.




I am really annoyed that they think that writing an occasional ticket will stop the problem. I went by the same "detour" later today and saw five cars in a row go around the cones just as I did. Don't you think it would be so much better to just clarify the detour???

Because of the ambiguity of the detour signs I feel there is no way I should pay a fine and receive points on my record for such a violation. I really want to fight the ticket, more for the principle of the matter. If they want to make that detour safer, pulling people over AFTER they go through and then giving them a ticket will not work. Clarifying the detour will.

So my questions are:

Being that the detour and signs were valid and I did tecnically break the law, Do I still have a case that I should fight for dismissal on the basis of the unclear directions?

Is the fact that this violation is so often repeated by a majority of drivers evidence that supports my claim of ambiguous directions?

If I reject a plea bargain am I really in for it if I don't hire a lawyer? (I don't want to pay a penny for this matter. I feel I did nothing wrong)

If I do take it to court and am successful in contesting the ticket, will there be court fees that I could have avoided by accepting a plea bargain with the city attourney?

Am I crazy for getting so worked up over this matter?


Thanks for all your help... pardon my long-windedness.

Sam

samhiatt said:

The officer understood that the posted directions were unclear and stated that he had issued 12 tickets in the previous hour for the same violation. Even while the officer was writing the ticket other cars proceeded just as I had.
I suggested to the officer that signs be posted that might clarify the detour path, but he responded that the situation had been reviewed and had been found the be in accord with city code, and further, that signs clarifying the detour path as I had suggested would NOT be in accord with the code.
The officer politely explained that he had to issue a traffic ticket to any violator as a means of correcting the problem. I suggested that a more effective means of correction would involve an officer or flagman directing traffic to turn left.

Being that the detour and signs were valid and I did tecnically break the law, Do I still have a case that I should fight for dismissal on the basis of the unclear directions?

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Possibly. Although "dismissal" is an incorrect term. You might be found Not Guilty

Is the fact that this violation is so often repeated by a majority of drivers evidence that supports my claim of ambiguous directions?

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Maybe, but you'd need to show evidence that a significant number of other driver's were also violating

If I reject a plea bargain am I really in for it if I don't hire a lawyer?

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Highly probable. This one really needs professioonal legal help.

If I do take it to court and am successful in contesting the ticket, will there be court fees that I could have avoided by accepting a plea bargain with the city attourney?

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No. If you were found Guilty you'd face court costs. If found Not Guilty, you're not liable for those costs

Am I crazy for getting so worked up over this matter?

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Yes. You're taking it much too personally.

You want my opinion? Don't take this as gospel, because I'm not a lawyer, and can't know for sure, but...

I think there's more to this. It sounds like there is a major p*ssing contest going on between the cops and the city DPW or the utility. I think the cops know there is/was a problem, and tried to convince the city to fix it. The city or utility refused, saying it was technically within code. The cops started a ticket writing campaign to draw complaints to the situation. In your case, the cop's statements to you bear this out. I marked it above in bold.

You can do whatever you want. I'm not telling you to do this, but here's what I'd do...

I'd file an open records request with the Police Dept, asking for a copy of every citation written in that area while the construction was in progress. Law firms get copies all the time, that's why people get solicitation letters in the mail right after getting a speeding ticket.

Once I had those, I'd contact each and every person that got a ticket like mine, and agree to all go to court at once. Then contact a lawyer. I'd get the lawyer to represent each of us, all on the same day. I bet I could find one that would even give us reduced rates. I'd pack the courtroom, then have the lawyer ask the judge to dismiss every ticket written. If the judge refused, I'd have the lawyer set it for trial, subpoena the cops, and the DPW engineer that approved the way the signage was posted. I'd bet the cops would testify against the DPW.

But that's just how I would handle it.

EDIT: You know, if the problem still exists, I might not stop there. I think I'd also file a complaint with the city DPW, and I'd probably call the city councilman or alderman for that district and the chairman of the city council road or highway committee and file a complaint there as well.

Here is my plan:

I'll go to the judge and contest the ticket on the grounds that the directions were unclear. I will be frank and mention that I had no intent to break the law and was driving very carefully.

If the judge seems not to sympathize with my point of view I will request to subpoena the officer and most likely will be appointed a court date.

If the judge does not side in my favor I can always file for an appeal, right? Even though it is for such a minor violation?

Yes, I am taking this personally. I feel I did nothing worthy of a citation and I want to fight for the principle of the matter. Additionally, any moving violation will jeapordize my job.

Thanks for your advice.