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02-21-2007, 04:29 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 8
| | | Disregard Traffic Control Device-validity of ticket
Colorado, City of Steamboat Spings.
Lights were flashing yellow/red at an intersection. There was an officer waving through traffic. I misunderstood his wave and made a safe left turn. He gave me a ticket for "disregarded traffic control device." I am questioning the ticket for many reasons but the first step is to determine if he ticketed me incorrectly. Can an officer be a "traffic control device" or should the ticket have been "disregarded police officer?" Thanks. |
02-21-2007, 04:31 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,465
| | | Before we can tell you anything, give us the text of the statute or ordinance (including the number) under which you are charged.
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02-21-2007, 04:37 PM
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| | | Ordinance No. 1914; Section No. 603; Violation Disregard Traffic Control Device; Points 4; C.C. 300 |
02-21-2007, 04:47 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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| | Quote:
Originally Posted by Phin  Ordinance No. 1914; Section No. 603; Violation Disregard Traffic Control Device; Points 4; C.C. 300 | Hmmm...any particular city or state?
I know you said Steamboat Springs in Colorado was where you were, but is that also where you got this ticket?
And what is the text of this ordinance?
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02-21-2007, 04:54 PM
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| | | i was pulled over/ticketed in city of steamboat springs- "uniform summons and complaint in the municipal court in and for the city of steamboat springs, county of routt, state of colorado." text of ordinance is "disregarded traffic control device" |
02-21-2007, 05:07 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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| | Quote:
Originally Posted by Phin ...
text of ordinance is "disregarded traffic control device"
.... | That's the whole ordinance?
That's not even a complete sentence!
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02-21-2007, 05:09 PM
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| | | that is what the officer wrote. |
02-21-2007, 05:16 PM
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| | Quote:
Originally Posted by Phin that is what the officer wrote. | Go to city hall.
Ask for a copy of the ordinance.
Then post the entire ordinance here.
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02-21-2007, 05:31 PM
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| | | will do thanks |
02-21-2007, 06:00 PM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | There is some guidance on that in the MUTCD...He can act as a flagger but has to signal clearly per the guidance.. "otherwise directed by officer provision" note: mutcd is adopted by CO...
[url]http://mutcd.fhwa.dot.gov/HTM/2003r1/part6/part6e.htm[/url]
[url]http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0[/url]
42-4-603. Obedience to official traffic control devices.
Statute text
(1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this article unless otherwise directed by a police officer subject to the exceptions in this article granted the driver of an authorized emergency vehicle.
(2) No provision of this article for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this article, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.
(4) Any official traffic control device placed pursuant to the provisions of this article and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this article unless the contrary is established by competent evidence.
(5) Any person who violates any provision of this section commits a class A traffic infraction.
History
Source: L. 94: Entire title amended with relocations, p. 2340, § 1, effective January 1, 1995.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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02-21-2007, 06:32 PM
| | Junior Member | | Join Date: Feb 2007
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| | | sorry hard to read.
(1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this article unless otherwise directed by a police officer subject to the exceptions in this article granted the driver of an authorized emergency vehicle.
does this mean that the officer can be considered a "traffic control device?" |
02-21-2007, 07:05 PM
| | Senior Member | | Join Date: Jan 2005
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| | Quote:
Originally Posted by Phin
does this mean that the officer can be considered a "traffic control device?"
| No it does not |
02-21-2007, 07:32 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 8
| | | so do i have a case that it is an invalid traffic citation? |
02-23-2007, 08:57 AM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | Yes - it is in the verbage that he can.
I think your best argument would have to be that there is reasonable doubt due to the unusual circumstances and that you did not disregard the officer but rather he did not signal correctly and clearly per the guidelines he is required to follow as posted previously.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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02-23-2007, 02:29 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 8
| | | thank you. do you think i have a chance if i do not have legal representation? | |
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