failure to keep in proper lane - lanes described improperly on citation

[rd27]

What is the name of your state (only U.S. law)?
Washington, D.C.

Hi All, Thanks for reading....

I received a T058 "Failure to keep in proper lane" citation. The area in question (west bound on calvert at connecticut if it matters), has a straight-only lane and a right-only lane.

Because the straight-only lane had a bus covering the arrow on the ground and the right-only lane's right arrow is almost completely faded I didn't realize I was in a right-only lane at first. When I did realize it, I changed lanes into the straight-only lane - which is what I received the ticket for.

I think I might be able to protest based on the poor markings on the road, but my question is actually about an error on the citation. The office wrote on it "sign posted L turn lane only", but there is in fact no left-only lane where I was - only a straight-only and right-only.

Is that reason alone to get the citation thrown out? How would I word my statement protesting it? Is it worth doing discovery to see what he wrote in his notes?

Thanks again,
d

[I_Got_Banned]

Originally Posted by rd27

Is it worth doing discovery to see what he wrote in his notes?

It certainly would be... By the time the court date comes around and if he refers to his notes while testifying and if he that you changed lanes from a left only turn lane into the straight only lane, then a picture of the intersection from your approach point (without a bus/with even the faded pavement markings) could make your case.

Back to the faded markings... That would, in my opinion, be a weak argument because I would guess that there are streetside signs with the same indications as well. So it all depends upon what the guidelines are for D.C. and those, you'll find in the Manual for Uniform Traffic Control Devices (MUTCD) which you should be able to find here: [url=http://mutcd.fhwa.dot.gov/index.htm]Manual on Uniform Traffic Control Devices (MUTCD) - FHWA[/url]

... and here [url=http://mutcd.fhwa.dot.gov/resources/state_info/dist_col/dc.htm]District of Columbia - FHWA MUTCD[/url]

[Zigner]

Are you SURE that the officer didn't write a sloppy R?

[The Occultist]

Originally Posted by rd27

When I did realize it, I changed lanes into the straight-only lane - which is what I received the ticket for.

This indicates that you realized that you were in the wrong lane for the action you took, which means you are guilty of the offense.

What is the exact statute you are being charged with? I Googled "T058" but did not find anything. It may be that whatever direction the officer stated is irrelevant as long as he provided the correct statute that he's accusing you of violating.

[rd27]

Originally Posted by Zigner

Are you SURE that the officer didn't write a sloppy R?

Yes, its clearly a L and there are 'Rs' on the ticket that look nothing like it.

[rd27]

Originally Posted by The Occultist

What is the exact statute you are being charged with? I Googled "T058" but did not find anything. It may be that whatever direction the officer stated is irrelevant as long as he provided the correct statute that he's accusing you of violating.

It took me some digging, but it seems that moving violation T058 is actually
DC Municipal Regulations 2201.8:
"No vehicle shall be driven over, across or within any dividing space, barrier or
section, except through an opening in the physical barrier or dividing section or space or at a crossover or intersection or an unraised. paved dividing section with pavement markings only, unless otherwise directed by official traffic control devices."
[url=http://os.dc.gov/os/frames.asp?doc=/os/lib/os/info/odai/title_18/chapter_22.pdf]District of Columbia: Office of the Secretary[/url]

Which is good to know, since it tells me the ticket is about crossing the dividing line - not an illegal turn (which I didn't do). I do have photos from the intersection that show that the line is almost entirely faded.

Interestingly, I also found monthly Adjudications Disposition reports from DC. The Liable/Dismissed ratio seems to be less than 33% on average (in April 6 were liable and 12 were dismissed) which gives me a good feeling.
Here is April's: [url=http://tinyurl.com/l6tawy]District of Columbia: Department of Motor Vehicles[/url]

[rd27]

So given the above, my final question is how important is coming in for an in-person hearing vs. submitting for a written hearing?

I'm assuming the in-person has advantages if the officer doesn't show up and if I can show myself as an upstanding citizen by dressing and acting professionally, but does anyone have a feel for how much of a difference it will make?

And are there any reasons that written is better for me other than saving time?

Thanks again,
dave