What is the name of your state?
Utah
I got a minor traffic violation today (driving left of center) and most would pay the thing and forget about it. Others would plea bargain for perhaps a non-moving violation. I feel certain I would be successful with that in my case, but I feel I shouldn't have received the ticket at all! Here's the story with all the details as I recorded as evidence...
At 2:26 pm today I was returning to the south Dominos Pizza from a delivery to Canyon Road, Logan via 100 East. At the time there was some ongoing utility work at approximately 120 South. A detour was posted simply pointing to the left and traffic cones simply surrounding the utility work area. A "road closed" sign was also posted, but it was obvious that 1/2 of the street (there was no yellow line) was still open. I may note that the traffic cones did begin BEFORE the emergence of the right lane of 100 S, the lane I would have turned onto had I turned left to follow the detour. It was clearly apparent to me that traffic was to be directed to the left of the cones and straight on down the street. I noticed an officer on a motorcycle near the utility work, and had no incentive to knowingly violate the traffic laws. I proceeded with caution, after ensuring that no cars were coming from the south.
I may add that this was not the first time I had driven this same course today on previous deliveries, many times following other cars driving the same way.
This time, however, at 2:26pm, the officer pulled me over and issued me a ticket for driving left of center. The officer understood that the posted directions were unclear and stated that he had issued 12 tickets in the previous hour for the same violation. Even while the officer was writing the ticket other cars proceeded just as I had.
I suggested to the officer that signs be posted that might clarify the detour path, but he responded that the situation had been reviewed and had been found the be in accord with city code, and further, that signs clarifying the detour path as I had suggested would NOT be in accord with the code.
The officer politely explained that he had to issue a traffic ticket to any violator as a means of correcting the problem. I suggested that a more effective means of correction would involve an officer or flagman directing traffic to turn left.
The posted detour was very ambiguous as is evident by the number of vehicles that proceeded just as I had.
I signed the ticket and went on my way.
I am really annoyed that they think that writing an occasional ticket will stop the problem. I went by the same "detour" later today and saw five cars in a row go around the cones just as I did. Don't you think it would be so much better to just clarify the detour???
Because of the ambiguity of the detour signs I feel there is no way I should pay a fine and receive points on my record for such a violation. I really want to fight the ticket, more for the principle of the matter. If they want to make that detour safer, pulling people over AFTER they go through and then giving them a ticket will not work. Clarifying the detour will.
So my questions are:
Being that the detour and signs were valid and I did tecnically break the law, Do I still have a case that I should fight for dismissal on the basis of the unclear directions?
Is the fact that this violation is so often repeated by a majority of drivers evidence that supports my claim of ambiguous directions?
If I reject a plea bargain am I really in for it if I don't hire a lawyer? (I don't want to pay a penny for this matter. I feel I did nothing wrong)
If I do take it to court and am successful in contesting the ticket, will there be court fees that I could have avoided by accepting a plea bargain with the city attourney?
Am I crazy for getting so worked up over this matter?
Thanks for all your help... pardon my long-windedness.
Sam
Utah
I got a minor traffic violation today (driving left of center) and most would pay the thing and forget about it. Others would plea bargain for perhaps a non-moving violation. I feel certain I would be successful with that in my case, but I feel I shouldn't have received the ticket at all! Here's the story with all the details as I recorded as evidence...
At 2:26 pm today I was returning to the south Dominos Pizza from a delivery to Canyon Road, Logan via 100 East. At the time there was some ongoing utility work at approximately 120 South. A detour was posted simply pointing to the left and traffic cones simply surrounding the utility work area. A "road closed" sign was also posted, but it was obvious that 1/2 of the street (there was no yellow line) was still open. I may note that the traffic cones did begin BEFORE the emergence of the right lane of 100 S, the lane I would have turned onto had I turned left to follow the detour. It was clearly apparent to me that traffic was to be directed to the left of the cones and straight on down the street. I noticed an officer on a motorcycle near the utility work, and had no incentive to knowingly violate the traffic laws. I proceeded with caution, after ensuring that no cars were coming from the south.
I may add that this was not the first time I had driven this same course today on previous deliveries, many times following other cars driving the same way.
This time, however, at 2:26pm, the officer pulled me over and issued me a ticket for driving left of center. The officer understood that the posted directions were unclear and stated that he had issued 12 tickets in the previous hour for the same violation. Even while the officer was writing the ticket other cars proceeded just as I had.
I suggested to the officer that signs be posted that might clarify the detour path, but he responded that the situation had been reviewed and had been found the be in accord with city code, and further, that signs clarifying the detour path as I had suggested would NOT be in accord with the code.
The officer politely explained that he had to issue a traffic ticket to any violator as a means of correcting the problem. I suggested that a more effective means of correction would involve an officer or flagman directing traffic to turn left.
The posted detour was very ambiguous as is evident by the number of vehicles that proceeded just as I had.
I signed the ticket and went on my way.
I am really annoyed that they think that writing an occasional ticket will stop the problem. I went by the same "detour" later today and saw five cars in a row go around the cones just as I did. Don't you think it would be so much better to just clarify the detour???
Because of the ambiguity of the detour signs I feel there is no way I should pay a fine and receive points on my record for such a violation. I really want to fight the ticket, more for the principle of the matter. If they want to make that detour safer, pulling people over AFTER they go through and then giving them a ticket will not work. Clarifying the detour will.
So my questions are:
Being that the detour and signs were valid and I did tecnically break the law, Do I still have a case that I should fight for dismissal on the basis of the unclear directions?
Is the fact that this violation is so often repeated by a majority of drivers evidence that supports my claim of ambiguous directions?
If I reject a plea bargain am I really in for it if I don't hire a lawyer? (I don't want to pay a penny for this matter. I feel I did nothing wrong)
If I do take it to court and am successful in contesting the ticket, will there be court fees that I could have avoided by accepting a plea bargain with the city attourney?
Am I crazy for getting so worked up over this matter?
Thanks for all your help... pardon my long-windedness.
Sam
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