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wrong traffic code subsection cited by officer

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ny8123

Junior Member
regarding NY traffic law:

I received a ticket last night for making an illegal left turn (missed a no left turn sign). The section and subsection he cited was 1160B. The text he wrote down was "improper left turn"

After reading the law, it seems like he cited the wrong subsection. It looks like he should have cited 1160D.

Would a judge dismiss a ticket with the wrong subsection cited or make the case of making an illegal left turn against a sign irrelevant because the officer did not cite that violation?

section 1160 is below
law.justia.com/newyork/codes/vehicle-traffic/vat01160_1160.html
 
Last edited:


HighwayMan

Super Secret Senior Member
Should have been 1110 (a) if you disobeyed a sign. 1160 (d) does not really apply here. That section really applies in cases where, for example, on a three lane roadway the left and center lanes are for left turns and this is designated by posted signs and/or pavement markings. Normally turns would be prohibited from the center lane.

Are you sure that in addition to disobeying the sign you didn't turn from the wrong lane? Or at least not from the left-most portion of the roadway?

Where was this ticket written, NYC or elsewhere?
 

BOR

Senior Member
That is what is generally known as a "harmless error. Sure, you can move for a dismissal on that basis, but most states have allowances by statute for it, and also clerical errors that are NON prejudicial in nature.
 

HighwayMan

Super Secret Senior Member
This is not a harmless error. It is both the wrong section and the wrong description.

If the section was wrong with a correct description of violation that's often enough to overlook the error. In this case I would say no.

Unless, as I asked, the OP actually did make an improper turn in addition to disobeying the sign. In that case the officer just picked one of the infractions to write.
 

dlw99

Member
It is worth a try. I got out of a speeding ticket (not in NY, but MA) once because the trooper put the wrong date on the citation. The magistrate called the barracks in the middle of my hearing and discovered that he wrote the same wrong date on every ticket that day - my lucky day. ;)
 

HighwayMan

Super Secret Senior Member
Again, this is not a minor error - the offense is very different than the section cited. The only thing even close is that they both involved turns.

I will ask again - where was the ticket written?
 

ny8123

Junior Member
thank you everyone for your replies. they have been very informative.

the office did not mention anything about an "improper left turn". he only asked if I saw the sign and then gave me a ticket.

the ticket was in newburgh,ny.
 

ny8123

Junior Member
why 1160A? 1160 appears to be about right turns

§ 1160
..
(a) Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right hand curb or edge of
the roadway or, where travel on the shoulder or slope has been
authorized, from the shoulder or slope.
 

HighwayMan

Super Secret Senior Member
Who said anything about 1160 (a)?

Not that familiar with Newburgh (city or town?).

Chances are you can get a plea deal anyway. If you had enough confidence in your knowledge of the law and had some experience in a court room, I would say go ahead and insist on a trial and you could make a good case for acquittal, but...

In many of the courts the judges frown upon trials and you might set yourself up for a fall. Chances are if you plead not guilty you will be offered a reduced charge anyway, to what I don't know. You DID make an illegal turn and disobeyed a sign, but got charged with the wrong offense. Will the judge care about that? I don't know.

Certainly if you can get this reduced to something that's no points, like a parking violation, you'll be ahead of the game.

You need to tell me which court the ticket got returned to - City of Newburgh, or Town of Newburgh. I will then check around with co-workers who have been there as to what you can reasonably expect.
 

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