Disregard Of Traffic Control Device

[robertkillen]

I got 2 tickets for Disregard of Traffic Control Device in Mississippi. The officer said it was because I drove through a parking lot to avoid a red light. Putting aside the fact that there are many reasons to drive into a parking lot and not stop, there doesn't seem to be any law in Mississippi against this. Can someone advise me before I go to court? Should I just request a dismissal? Can the police issue tickets for something they wish were illegal?

[blewis]

There may not be a state law against it, but there may be a county or town ordinance. For example, in Kent WA, we have this:

9.36.030 Avoidance of intersection, penalty.
A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

You should have a statute or ordinance listed on your traffic citation. What does it say?

Barry

[robertkillen]

There's no local law either. I tried to find it in the state and city laws, but I couldn't. I went to the police station and asked them what law this supposedly violated and got 3 different answers (none of which fit the "crime"). I called the prosecutor and he just said to ask for a dismissal at court. If the prosecutor knows that there is no law, why doesn't he dismiss it before the court date? The officer wrote "Disregard of Device. Cutting through parking lot to avoid red light". While there is a checkbox for "Disregard of Traffic Control Device", he didn't check it. He checked the box marked "Other". The Disregard of Traffic Control Device checkbox on the ticjet has a code of M14, but I can't find that code in any of the state or local books. Some states do have such a code, but I haven't been able to find it here.

[robertkillen]

At court, the judge didn't rule right away. After about a week and a half, I got a call from the clerk saying that I was found not guilty on both counts. I was not told if the judge agreed that there was no such law in MS, but there's no other explanation. The prosecutor said the statute was 63.3.21, but there is no such statute. I tried various other combinations in case I remembered the number wrong, but still haven't found it.

[blewis]

Well, congratulations! That's the result you were after, but, I agree, it would be more satisfying to know WHY.

Still, good job,
Barry