no right turn between certain hours

[fighter]

California. Received citation for making right turn where posted "no right turn mon-fri 6am - 10am".

My questions are, what criteria, if any, must be met prior to the posting of such a sign? Can such a sign be posted for no particular reason, or for any reason?

I want to contend in court that the signs are not proper because there is absolutely no public safety issue involved and the signs are therefor an encroachment upon my constitutional right to freedom of travel upon a public roadway.

Please help.

Thanks.

 

[racer72]

Your first error is that is a Constitutional right to travel on a public roadway. It is an privelige, not a right and that privelige can be taken away. And if you do not think that sign applies to you, what do you do when you see speed limit and and other signs, ignore them too? What you need to do is go the the city engineering department that had the sign installed and find out why.

 

[DRN]

I am pretty sure that the decided on that rule for that intersection based on something other than needing a place to put a sign.

Maybe that is a heavily traveled intersection during those times. Maybe there were a few accidents in the past when people tried to make right hand turns there. Maybe there is a morning daycare center there and school buses are there during those hours. I'm sure there is some basis for doing it.

I don't think your argument will win.

But I'm not an attorney - this is just my 2 cents.

 

[fighter]

Thanks for your replies. The intersection is a busy one in only one direction. It is controlled by lights and has left turn lanes in all four directions. I am pretty sure they only put the signs up in response to a complaint. I have made that right turn many times and never noticed the sign. It is there, I just never saw it. My mistake. The left turn lane is usually congested and by making a right turn onto a short (1 block) dead end street with no homes or businesses and making a u-turn, it is possible to avoid the left turn lane. The complaints probably came from people who were in the left turn lane who thought it was wrong for someone to find a way around the congestion. So now I will sit in the left turn lane, wasting time and burning $2.00 a gallon gasoline, waiting for the light to turn green again while the green for cross traffic goes unused.

I have spent several hours online researching and can find nowhere any specifications, criteria, requirements, or other documentation that would say these are the kinds of situations that must be present in order to justify the placement of any street sign. I guess they can just put them anywhere, anytime, for no particular reason. Oh well. I have not had a ticket since 1990, this one is not going to kill me, I just like to fight whenever there is the slightest chance of winning. It's just the thrill of the thing......you know what I mean?
God bless you all.

 

[loocpoc]

Pretty much DRN hit the head of the nail as to why the sign is posted. In CA you will find these no turn signs in school zones and areas of congested travel.