Failure to Obey to Traffic Control Devices, O.R.C. 4511.12

On my way home tonight. I was approaching a construction zone which had signs for merging left. I was already in the left lane. The merge point was not for another mile or so. There was a middle turn around/cop point with 2 cops with flashing lights. I realize that the cop pointing in my direction was was actually pointed in the direction of traffic flow as if signaling his intent to come out. I realize that if I stopped in behind the next car in line. I would have blocked him in. I pull into the right lane in order to allow him to enter traffic. The whole time I'm going 35mph.

He pulls out into my lane. He turns his lights off and follows me. As I approach the flashing merge left signal (construction sign) I put on my left signal and almost come to a dead stop. As soon as I do, he puts his lights on. I pull off the road onto the burm (right side). He says he pulled me over because I failed to obey 4 merge left signs (not true since I was in the left lane priory to pulling into the right lane). He goes into how people "race" down the right side only to cut in at the last minute. The problem was I was going 35mph and slower at the end. If I was speeding wouldn't he have cited me for speeding?

He gives me a ticket for failing to obey traffic signs/devices. OH Code 4511.12. He also puts down that there were workers present, I never saw any. It was 7pm on Sat. It was thunderstorming/lightning like crazy for the past 2hrs. There were no workers present in my area or any that I remember.

Picture below. What do you think? Is this a valid ticket? Chance of getting it dismissed?

http://www.metalsaber.com/images/forums/drawing.jpg

if he had his emergency lights on then you are required to move right in all likelihood (check you state law for the exact law). So, it could be a defense that you were following the law, not going against it.

You could put in a foia request to your state and local DOTs to see if anyone was working that day instead of just "thinking" it; if you know it, it puts his testimony in a very bad light 'cause you would ask him that question during cross & then present your foia request & response into evidence during your side of the case.

After asking him if he had his emer. lights on when you pulled right (and you have the statutory citation ready) then if he says yes, ask for an aqquittal after the state rests on those grounds. This would be before you testify or make your case. The judge may find you not guilty at that time.

You dont really define "lights" so I dont know if you mean headlights or emergency lights ??

Also, from your diagram, the merge arrow is in front of where you got pulled over ... the merge arrow is not effective until then...if he does not testify to the exact location, thats his tough toes, bring it up during your testimony. Of course, there could be merge signs before the one in your diagram .. you may wish to photograph and video the area (he may lie as to the layout & if it is you v a cop in court, the court will believe him even if you are right.

I would check into merge signs too to see if they are mandatory or directory in nature (MUTCD) ... you'll need to note the following: color of signs, type of signs, height of signs from pavement level, etc.



Any mention of speed should be objected to at trial .. relevance issues ..

Your behavior is consistent with a driver who pulls out of backed-up traffic in order to pass the other cars then pull in at the last minute. Nothing in your story explains why you could not have stopped before the officer's car and let him in ahead of you, or put your signal on to pull back into the left lane rather than passing a bunch of cars and trying to pull in at the last second. Did you leave something out? Whatever your intention, the key here is how somebody else, looking at your driving, would interpret your actions.

I've seen this sort of thing in Indiana, with the police presence intended to deter last-minute passing. If that's what the officers were doing, it's no surprise that you were stopped and cited.

Quote:

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Quoting ORC 4511.12 Obedience to traffic control devices.

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(A) No pedestrian, driver of a vehicle, or operator of a streetcar or trackless trolley shall disobey the instructions of any traffic control device placed in accordance with this chapter, unless at the time otherwise directed by a police officer.

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this chapter does not state that signs are required, that section shall be effective even though no signs are erected or in place.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

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Of course, a sign has no meaning if you dont reach or pass it ... the OP never reached the sign. Looks like the cop is punishing the OP for simply not having good manners :) ....