Failure to Obey a Traffic Control Device

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My question involves a traffic ticket from the state of: Washington

I was pulled over a few months ago for making a turn at an intersection where it is supposedly marked no right turn.

I have already been to court once for arraignment and have court in about a week.

my problem is this. The sign is about 100 feet in front of the intersection. I brought this up to the prosecutor and he said he doesn't care as the MP said I was uncooperative with him, even though I have two witnesses who have both said that I was nothing but helpful and cooperative. I also pulled up this law from the Washington administrative code

WAC 308-330-265
No agency filings affecting this section since 2003
Traffic engineer — Authority.
The traffic engineer is authorized:

(1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolutions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority;

(2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions;

(3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway, and in such other places as he/she may deem necessary;

(4) To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection of pedestrians;

(5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary;

(6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner;

(7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as prescribed by law;

(8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted;

(9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195;

(10) To issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section;

(11) To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet;

(12) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof;

(13) To determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic;

(14) To determine the location of loading zones, passenger loading zones, and tow-away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable;

(15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb;

(16) To erect and maintain official traffic control devices on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation;

(17) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investigation: Provided, That such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery;

(18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation;

(19) To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect appropriate official traffic control devices giving notice thereof;

(20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space;

(21) To designate the parking space adjacent to each parking meter for which such meter is to be used by appropriate markings upon the curb and/or the pavement of the highway;

(22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway;

(23) To test new or proposed traffic control devices under actual conditions of traffic.

number 7 and 8 specifically.

my problem is I can't find any case law that says exactly what Adjacent means.

any help would be great. I know I made the turn, and the sign needs to be moved. I have pictures and other things I've found. anyone have any ideas?

[blewis]

According to the MUTCD (a NO RIGHT TURN sign is R3-1):

Section 2B.19 Turn Prohibition Signs (R3-1 through R3-4, R3-18)

Standard:
Except as noted in the Option, where turns are prohibited, Turn Prohibition signs shall be installed.
Guidance:
Turn Prohibition signs should be placed where they will be most easily seen by road users who might be intending to turn.
If No Right Turn (R3-1) signs (see Figure 2B-3) are used, at least one should be placed either over the roadway or at a right corner of the intersection.

Note that this is listed as a "guidance", so it is NOT compelling. However, there would have to be a good reason for the guidance to be ignored. Also of interest is RCW 46.61.050 (2), which states:

(2) No provision of this chapter 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 or visible to be seen by an ordinarily observant person.

So, according to the MUTCD, the sign SHOULD have been located at the "right corner of the intersection", and, according to RCW 46.61.050, the law cannot be enforced if the "official device is not in a proper position". But, you spoke of MP's and arraignments -- is this Federal Court?

Barry

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yes it is federal but it falls under WA laws...

I didn't argue with the MP he said the sign was clearly placed and of course I did not know about that part of the chapter. I simply asked how am I supposed to know that sign is for that turn when the sign is 100 feet in front of the turn.

he said spoke as if I was well educated in the RCW.

so you think I should bring up the MUTCD the WAC and the RCW which are guidelines and says that if the sign is not clearly placed etc etc... bring that up in court to the judge?

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does anyone have any ideas?