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Disregarding a Traffic Control Device

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epatti

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I recently got a ticket for disregarding a traffic control device. It was a barrier closing a lane. I did not see the barrier until I was on top of it, as the police had set the barrier back about 15 yards from the traffic light, and there was a car stopped coming from the opposite direction blocking my entire view. I was unable to go anywhere, and I could not back out onto the road I turned from, as it is very busy, and traffic was coming in both directions. I could see ahead about 50 yards, that there was another barrier blocking the entire road off. I had no intention of driving down the road, but I did pull around the barrier in an effort to have room to turn around. I was stuck there for about 30 secs. Once I moved around the barrier, a cop came out of nowhere. I almost felt like he was hiding to see who he could catch. He must've seen me stopped and the predicament I was in, but just sat waiting to see what I would do. (Entrapment??) I got a ticket for $108, and I want to go to Magistrate's court to plead not guilty. I've lived in my Twsp. for 28 years and have never had a prior violation. What are my chances, and on what basis can I defend?What is the name of your state (only U.S. law)?
 


I_Got_Banned

Senior Member
I almost felt like he was hiding to see who he could catch. He must've seen me stopped and the predicament I was in, but just sat waiting to see what I would do.
You know what? I get those same feelings when I'm driving around town too sometimes... :mad: LIKE THEY'RE ALWAYS WATCHING ME! :mad: Always around the corner just looking for someone to screw up or do something wrong!

Nothing better to do I guess!!!!
 

Maestro64

Member
Interesting the officer was just sitting there but the questions is did you do what he said. It sounds like the barriers were recently placed so you had no idea they were there. Go back and take picture of the area so the judge can see what you have to deal with. Also what the reason for closing lanes and the road. Next and the last time I check traffic control devices must be properly placed and meet the MUTCD requirements in PA in order to be enforceable. If they do not meeting defined requirements then people can not be ticketed.

Generally speaking 3111 ticket in PA is catch all ticket where no other law fits nicely and it given as a plead to speeding and other tickets as a means of the town to collect their money and you do not get any points on your ticket.

Here is the text from PA 3111 statutes so if the device the officer is claiming you disregarded was not properly placed then a ticket should be tossed. The simple fact you could not see the barrier because it was blocked by other cars makes it questionable.

No provision of this title for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
 

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