I was sited for making a U turn in a buisness district! help chose to apear in court.

I was sited for making a U turn in a buisness district! I chose to appear in court
because they told me the fine would be $48.00
There were no posted signs saying no U turn an there are some signs one some of the turns on one of the roads in one of the main buisness districts but all it says is no U turn and it means that turn. It is not against the law what I did but apparently the city of alomogordo, NM has a Ordinance (12655?) that says that. I asked the officer why I had never heared that before and I got my licnse in the town. she told me I could go to the lybrary and read about it. I have to go to court with in a week. please advise is there a law or something that says city ordanance can not counter state statute or that it should be posted or something?

I have decided to plead not guilty and offer the judge the evidence that the Ordinance is older than I am and has no link to NM law. it is a city Ordinance that has been on the books for at least 23 years. I will also submit there were no signs or posting or painting on the turning lain to tell me "no u turn" and when I asked the officer how I was supposed to know that in alamogordo you can't make a U turn in a buisness district, even though I was on a deserted HWY, to this she replied "I don't know but you can go to the Lybrary and read about it... the Ordinance number will be on the sitation" It took me and two Lybrarians 1 hour 10 min to find it. Any advice on this would be apriciated before I appear before the judge.

As I am too in Alamo-getto, I'd sure like to hear more about this- deserted hwy? toward HAFB? on white sands? I will help if I can, local phone ##9-8546. you know first digits. ask for KD.

deserted HWY 70. it was deserted because it was about 11:45 ish? the only traffic was a few people going home after locking up the stores. Are you in the legal profession? I have to plead tomorrow and I guess I am wondering if I should plead guilty and counter sue the city as they voted the law in and did not feal it necessary to inform any one or put up a sign. Plead not guilty and fight it which I am almost sure to loose but it would get the traffic cops attn! I really feel they are using the law to exort money on people going through town. I don't know how a police officer could go out of their way to make a problem for someone? By the way I was listening to my scanner and I heard a officer have a second officer slam on his breaks to test the break lights on the car between them(entrapment?).

hywy 70? I know it goes through town, but where the lights past lavelle toward HAFB, that's the end of town- I believe that there is a statute that requires police to write a citation giving you at least 30 days before court, unless you ask for earlier- check DMV first,don't want to get you into more hassle. Judge Barber? He's okay, but will side with cops unless you are well prepared.
Pleading not guilty, that's your right. If
(I were in your shoes, Iwould), give yourself time to talk free to counsel. I do believe you about the scanner, although not in the legal business, I know most of the cops,(ex-trouble) don't think it was anything any judge in Alamo would hear.
DMV does have a site thru the New Mexico state site,
I think you're right about the signs, I too
make the assumption that the signs are there for each corner. You got my phone on last post, and you know the first two digits.

New Mexico statutes 66-7-103,
New Mexico statute 66-7-104(B) contain information on traffic control signs-
Now, I checked, and there is no requirment that I found that gives you 30 days before court, you can ask for more time, or as you said, plead not guilty(it looks like you were not, according to the statute, it looks like a sign was required, but would like to know exactly where you were.) North of 10th, the streets are each marked, but from Albertson's to the old walmart, the road doesn't have a place that a sign can be posted. The DMV gives a town a lot of lee-way in writing ordinances, though, call if you want- ##9-8546- KD

Just wanted to know how it turned out in the court today, because you are in the Alamo area too. Hope it went in your favor....

I pleaded guilty but explained my case to the judge. he questioned my saying that it was not marked but he saw fit to diferr the sitation for six months. If I have no sitations after that time It will be droped. I however believe that I have a case against the city however. I have to colect two or three more documents before I consider geting a lawyer. I may be able to prove that the city (66-7-102 B)enacted and enforced a ordinance, rule or regulation in conflict with the provisions of article 7 of chapter 66 NMSA 1978. Also I would like to thank you, 16952, for encouraging me to check all the statutes. I tried the number in town and I was told I had the wrong number. I heard the officer say when she was writing the sitation that she had caught a few other people doing the same thing there. I wonder if I should try to find these people(if I have a case it stands to reason they do too)?

I'm glad that's the way that it went.
I don't really believe that the courts, and officials here are looking to line pockets. For the most part, my experience has been more worry BEFORE going in on those "invitations". The probation you've been given proves that, I think. Concerning the statutes, I've found more, about how towns go about setting local rules, and it looks like the council here made a mistake, but you know, with pedestrians getting run over by U-Turn drivers (10th street) they had to do something. Sounds like it was a "favorite citation" for the officer.
Before chasing it, ask Judge Robert Doughty- he's not on the bench anymore, has an office in the building across from IGA. He's the best this town has---- "keep the scanner on"---kd 439-8546