Ticket for Avoiding a Traffic Control Device

[klimt]

My question involves a traffic ticket from the state of: Michigan 257.611(2)

from the law:

"The driver of a vehicle shall not, for the purpose of avoiding obedience to a traffic control device placed in accordance with this chapter, drive upon or through private property, or upon or through public property which is not a street or highway."


I was pulled over for "using private property as a roadway" (Ord: 257.611 shown above). I presumably drove through an intersection that did not allow left turns and turned into a plaza and then straight out of it onto the road.

The officer was sitting in the parking lot parallel with a building and could only see the traffic on the road straight ahead of him. He could not see the intersection where the traffic device is that I presumably avoided. What he saw was me turn left into the plaza and out of it to the exit on the other side.

I want to dismiss the ticket on the grounds that the officer was not an eye witness since he could not view any traffic control device from his angle. He could not state with certainty, whether I had drove across the intersection traveling north (and avoided the no left turn) or whether I was traveling from the east and turned right onto the road from which he could see--and if that was the case, no traffic control device was violated.

[That Guy]

What he saw was me turn left into the plaza and out of it to the exit on the other side. I want to dismiss the ticket on the grounds that the officer was not an eye witness since he could not view any traffic control device from his angle.

He did witness you driving through private property (entering from one side and immediately leaving the property from the other side) and as long as he can testify that he had prior knowledge of the traffic control device and can attest to it being there after he saw you drive through, then your argument will fail. Traffic control devices don't pop up and disappear on their own!

[klimt]

The law states: "for the purpose of avoiding obedience to a traffic control device".

He could not state with certainty, whether I had drove across the intersection traveling north (and avoided the no left turn) or whether I was traveling from the east and turned right onto the road from which he could see--and if that was the case, no traffic control device was violated.

[That Guy]

OK, good luck in court!

[adam_]

Might I point out that the officer can state whatever he wishes...you may be quite surprised at the difference between reality and testimony.

Tell us how it turns out.