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  #1  
Old 01-05-2009, 04:59 PM
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Location: Los Angeles
Posts: 228

[CA] Inadequate Posted Signage


Hello!

I've got a traffic trial coming up and my defense is that there was inadequate signage postage. Specifically, this is a "One-Way Street" ticket... and the one-way sign itself was missing, as it apparently was removed by vandals, and the "No Left Turn" sign was completely obscured by a tree. This is in a rural area of the State, and I have good photos of the street where the alleged violation took place.

I would like to know if anyone knows off-hand the legal authority with respect to:
1. inadequate posted signage
2. signage obscured by vegetation

Thanks in advance and Happy New Year.
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  #2  
Old 01-05-2009, 05:44 PM
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Research CalTrans and MUTCD and everything you need to know about signage and it needing to be present and visible can be found. You better go back and take pictures showing the signs were not present or obstructed since as Defined by the MUTCD no ticket can be enforced unless the signs meet the requirement.
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I am not a lawyer nor am I in law enforcement,

I will not make any value judgment on why you're asking a questions.

I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research.

Remember it is easy to tell someone they will lose verse providing knowledge.

Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else.

Last edited by Maestro64; 01-06-2009 at 09:03 AM.
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  #3  
Old 01-05-2009, 05:58 PM
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If the signage was truly missing, you have a good defense. Your problem is proof, specifically, getting legally admissible evidence to submit in support of your defense.

Taking photos of the missing sign is a good start, but likely won't be enough (that's assuming you were able to get some of the missing and obscured signs). Ideally, you'll need certified copies of the State agency charged with sign maintenance and replacement for that location which show a replacement of a missing "one way" sign on a date after you were cited. (Non-certified copies MAY be useful, it depends on the judge). Witnesses to the missing signs would also be helpful.

Essentially, the more crap you can bring up in support of your argument, the better (as it removes any "wiggle room" for the court to find you guilty because of any evidentiary problems).

Good luck.
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  #4  
Old 01-05-2009, 06:47 PM
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I have photos of three nearby, identical streets.

Each street has a ONE WAY sign... except for the street I was cited on. And I have photos of those streets.

I may need to conduct some more discovery and ask for a continuance for more research into the MUTCD.

Thank you.
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