What is the name of your state? Georgia
I recently received a traffic ticket for disregarding a traffic control device in Atlanta GA. I plan to contest the ticket and I think I've found a pretty good basis... According to the MUTCD, regulatory signs must be at least seven feet tall and I can demonstrate that the signs in question do not meet this requirement.
Under state code (32-6-50) the state DOT is required to promulgate rules and regulations for the placement of traffic control devices. From every bit of research I've done, Georgia does not issue its own manual, but relies on the Federal version (which, under Federal law must be adopted by state as a minimum standard anyway.) The FHWA website confirms this fact and, when I contacted the DOT for a copy of their manual, the directed me to the Federal document.
My problem is finding a basis to make sure I can get the MUTCD admitted in court or accepted under judicial notice in traffic court. I can’t reference it as a statute and I can’t find any published directive of the state DOT endorsing the Federal version. I have no idea how to produce a certified copy of the regulations.
Any advice on how to make sure I can get this on the record and incorporated into the decision would be greatly appreciated.
I recently received a traffic ticket for disregarding a traffic control device in Atlanta GA. I plan to contest the ticket and I think I've found a pretty good basis... According to the MUTCD, regulatory signs must be at least seven feet tall and I can demonstrate that the signs in question do not meet this requirement.
Under state code (32-6-50) the state DOT is required to promulgate rules and regulations for the placement of traffic control devices. From every bit of research I've done, Georgia does not issue its own manual, but relies on the Federal version (which, under Federal law must be adopted by state as a minimum standard anyway.) The FHWA website confirms this fact and, when I contacted the DOT for a copy of their manual, the directed me to the Federal document.
My problem is finding a basis to make sure I can get the MUTCD admitted in court or accepted under judicial notice in traffic court. I can’t reference it as a statute and I can’t find any published directive of the state DOT endorsing the Federal version. I have no idea how to produce a certified copy of the regulations.
Any advice on how to make sure I can get this on the record and incorporated into the decision would be greatly appreciated.