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  #1  
Old 07-14-2005, 09:04 AM
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Join Date: Jul 2005
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Failure to obey traffic device


What is the name of your state? Georgia

I was turning onto a road that had an orange cone on the right lane. I went around the cone and proceeded down the road. A few miles down the way I saw a police car blocking the road and 2 other vehicles. I assumed that they had been in an accident because the police officer was writing on his pad. Another police officer came up to me and asked for my license. I asked him why and he said that I had gone thru a "road closed ahead" sign and that I was going to get a citation. He then pointed ahead and I noticed that the road was flooded ahead, due to the heavy rain earlier. I advised him that I did not see this sign and had only seen an orange cone. He said that someone must have knocked it down, but that I would still be getting a citation. While the police officer was writing up my citation, the other one went to go fix the sign. When I was driving back out, I saw the sign. It was propt up against the cone. The fine is $111.00. I don't think that I should have to pay a fine for going thru a sign that wasn't clearly posted. And even if I had seen this sign, I might not have known that I shouldn't enter. It could have just been a warning that the road was closed further ahead. Shouldn't they have posted a sign that said "do not enter" or "road closed" accross both lanes? Is this worth going to court and disputing?
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  #2  
Old 07-15-2005, 07:57 AM
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Join Date: Apr 2005
Posts: 1,123
A few years back, a bridge collapsed in my area. The road leading up to it was closed with four five-foot tall reflective construction barricades, orange cones, lit road flares, and blaze orange signs saying "ROAD CLOSED - BRIDGE OUT"

I had about a dozen people actually get out of their cars to move the barricades, drive around the cones and flares, ignore the signs, and drive up to my fully marked squad parked near the bridge. They insisted that they had to go this way, because they "live right over there", pointing to the other side of the bridge. When I told them to expect their cars to drop about thirty feet into a muddy river, they became extremely indignant.

Don't feel too bad... even the most normal, nicest people can be incredibly, inexplicibly stupid when they get behind the wheel of a car.

You're not alone.
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Old 07-15-2005, 10:37 AM
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Join Date: Feb 2005
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Working traffic is my least favorite part of being a police officer, and is pretty much the only time I lose my cool. I write a lot of tickets for "failue to obey authorized person directing traffic". People who are normally decent, hardworking folks can become complete idiots behind the wheel. I can't count the number of times people have driven around me (or worse, forcing me out of the way with their bumper) while I was standing in the road, next to a cruiser with blue lights on, dressed in a chartreuse vest, holding light cones and blowing a whistle like mad for them to stop, and then saying "What'd I do wrong?" when I write them a ticket.

On Monday night, I was almost t-boned by a careless driver at 50 mph while parked across a flooded road with every light (emergency and otherwise) on my car on. He missed me by about 6", and got a trip to jail for reckless driving, plus every other citation I could write him. He says he didn't see me, though I was clearly visible for upwards of half a mile.

A fellow officer, my replacement, across the same road (while I was taking my offender to jail), did get t-boned. My fellow officer got a trip in an ambulance, and at least two days out of work due to injuries received.

I don't know about your particular case, but doubt that we are getting the whole story. "Even if" implies that you saw the sign, and it is unlikely that it was several miles between the cone and the cruisers. Is it possible you saw the cruisers ahead, but still went around the cone and sign? In any case, take it to court if you like.
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Old 07-15-2005, 10:54 AM
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Join Date: Apr 2005
Location: Черныйакр
Posts: 1,179
Quote:
Originally Posted by brookegumingo
Is this worth going to court and disputing?
Absolutely.

The only thing you saw was an orange cone.
Let's see, referring to my Texas Driver's Handbook, an orange cone, on its own, in the right lane of the road indicates "Road Closed Ahead Due to Flooding". Laws may vary by State. In Georgia I think an orange cone is just an orange cone.

The other officer going back to correct the traffic warning device is evidence that you had no idea what the orange cone was trying to communicate to motorists.

I would dispute it. Best case scenario, ticket is thrown out. Worst case, you have to pay $111.00.
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I am not certified by the Texas Board of Legal Specialization. I am not an attorney. I have not passed the Texas Bar Examination.
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