I was issued a citation for making an illegal U-turn. I’m trying to determine if I can contest this based on several facts. This is what is in the citation (a section of the Municipal Code of Chicago, IL, Title 9, Chapter 9-16-040):
“9-16-040 Limitations on turning.
(a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction at any point closer than 100 feet to any intersection unless official signs are erected to permit such turns.”
This happened during the night and the traffic sign stand was obscured, therefore it was not possible to determine whether U-turn was prohibited or not. The waste container located within 10 feet of the traffic signs stand blocks the traffic signs. No light is reflected from the street lamp located at the center of the intersection and the waste container blocks vehicle lights. I have all photos that prove these facts.
Another issue is that the facts alleged in the parking or compliance violation notice are inconsistent .
According to the Illinois Vehicle Code, 625 ILCS 5/11-802 the following are the limitations on turning:
(625 ILCS 5/11 802) (from Ch. 95 1/2, par. 11 802)
Sec. 11 802. Limitations on U turns. (a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
The section 9-16-040, Title 9 of the Municipal Code of Chicago contradicts the Illinois Vehicle Code 625 ILCS 5/11-802 where according to the Illinois Vehicle Code the vehicle can proceed in the opposite direction.
Cities can enforce stricter statutes than state statutes.
Also, the Chicago statute states that it is prohibited unless stating otherwise. Meaning, if it's prohibited in that area, they don't have to post a sign saying so. Therefore, if you did not know you could, you were supposed to assume you couldn't.
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