Disregarding Rail Road Barrier

[ad2932]

What is the name of your state (only U.S. law)? South Carolina

I was stopped, given a ticket for Disregarding a Rail Road Barrier by a local town cop. I would like to know if I have any grounds to fight the ticket.

Traveling down a road that runs paraelle to the rail road tracks, the road and tracks are within 2 yards in closeness. Facing the evening setting sun while driving. The road has small access road to the right, not an intersection, just side road, I gave my signal to turn right, did not see the flashing RR light as the sun was bright, the automatic barrier had NOT even started coming down. I turned right, the closeness put me immediately on the tracks with the turn, that is when I actually saw the RR light as the singnal started to chime, I had 2 choices, move forward to back into traffic, I chose to move forward off the track, as I left the track, I looked in my rearview saw the gate just beginning to come down. Cop sitting at fuel station on same side of road that I turned onto pulled me saying I disregarded the barrier and wrote the ticket in the exact words.

I personally think it is bogus, as if the barrier had been coming down or down I could not even had made the turn as the side road it blocked completely when the barrier is down.

Any advice would be appreciated.
ArthurWhat is the name of your state (only U.S. law)?

[seniorjudge]

Did you have a question?

[ad2932]

Would I have any chances of at least getting this ticket changed to a warning or even dismissed based on the circumstances?

Thanks

[seniorjudge]

Originally Posted by ad2932

Would I have any chances of at least getting this ticket changed to a warning or even dismissed based on the circumstances?

Thanks

Talk to the prosecutor.

But the circumstances you list certainly are not in your favor.

You slap disregarded a railroad barrier.