disregard crossing guard

[robbie04]

What is the name of your state?What is the name of your state? New York
I was given a ticket for "disregard crossing guard". The policeman said the guard was in the street stopping traffic but neither I nor my 17 year old child saw the guard. I was at a red light and when the light changed the cars in front of me moved. I saw cars moving in the other direction. I am familiar with the crosswalk and know there is a crossing guard there but he was not visible to me from my vantage point. Can I get this ticket dismissed?

 

[robbie04]

NYS law?

I have done a detailed google search pertaining to "school crossing guard" and came up with practically nothing on regulations or procedures.

This is my only relevant hit:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

under:
VAT - Vehicle and Traffic
Article 24 - TRAFFIC SIGNS, SIGNALS AND MARKINGS
1110 - Obedience to and required traffic-control devices.

This is the key paragraph:
(b) No provision of this title for which signs are required shall be
enforced against an alleged violator if at the time and place of the
alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.

So, here is my point ...this is a four lane road in front of the HS where I drop off my 17 year old daughter every school day for last 3 1/2 years ...the guard stands on the opposite side and only walks into the first lane ...any size car from the other three lanes can block his view when he steps off the curb ...I am stopped in the furthermost lane when the car in front of me moves across the crosswalk when the light ahead turns green and I follow. Neither me or my 17 year old daughter can see the guard, even though we know he is there every day. The officer is probably located on the guard's side in clear view w/o any traffic blocking his line of sight.

Unlike a stoplight which has precise timing and a yellow warning signal, this guard crossing has nebulous timing ... I would appreciate if anyone has a link to a descripition of the rules governing a school crossing guard situation.

Thanks,
Robbie

 

[HomeGuru]

What is the name of your state?What is the name of your state? New York
I was given a ticket for "disregard crossing guard". The policeman said the guard was in the street stopping traffic but neither I nor my 17 year old child saw the guard. I was at a red light and when the light changed the cars in front of me moved. I saw cars moving in the other direction. I am familiar with the crosswalk and know there is a crossing guard there but he was not visible to me from my vantage point. Can I get this ticket dismissed?

**A: no, you are guilty of the infraction.

 

[You Are Guilty]

s.1102 Obedience to police officers and flagpersons. No person shall fail or refuse to comply with any lawful order or direction of any police officer or flagperson or [highlight]other person duly empowered to regulate traffic[/highlight].

(If this was within NYC, then you'd want s. 4-12(a)(1) of the New York City Traffic Rules.)

 

[robbie04]

besides, I didn't "refuse to comply" ..can't "refuse" if the guard/sign was not visible to me ...same as if a stop sign is obliterated by tree branches

this was not a conscious act of "disregard " as the officer wrote on the ticket ...I was stopped by traffic from a distant stop light and was making a turn ahead into the school within a block distance ..it is a posted 15mph school zone complete with flashing lights ...not as tho I was speeding past a red light at 40mph !

 

[You Are Guilty]

besides, I didn't "refuse to comply" ..can't "refuse" if the guard/sign was not visible to me ...same as if a stop sign is obliterated by tree branches

this was not a conscious act of "disregard " as the officer wrote on the ticket ...I was stopped by traffic from a distant stop light and was making a turn ahead into the school within a block distance ..it is a posted 15mph school zone complete with flashing lights ...not as tho I was speeding past a red light at 40mph !

s.1102 Obedience to police officers and flagpersons. No person shall [highlight]fail or[/highlight] refuse to comply with any lawful order or direction of any police officer or flagperson or other person duly empowered to regulate traffic.

Those two words are why your "defense" above is on shaky grounds. But hey, stranger things have happened. Good luck.