What's the Best Defense for Fail to Obey Traffic Control Device (Left Turn)
My question involves traffic court in the State of: Washington
My situation is detail in this thread: http://www.expertlaw.com/forums/showthread.php?t=145929
In summary, I was cited because I safely merged out of the left-turn only lane and according to the officer I failed to obey the traffic control device (arrow painted on the ground) This lane-change occurred 100% prior to entering the intersection.
My question here is how to approach my defense - I am still not sure this is against the law (perhaps, the officer is implying that I was in the intersection when I merged, resulting in going straight from a left-turn lane? -although this is not what he states in his narrative) It is difficult to prepare a defense, when I am somewhat perplexed as to why I was cited. As as far as I can tell in my hours of research, what I did was not against the law.
Defense Options -
A) There is no law to prohibit merging out of the turn lane (although not sure I know the laws as good as the officer - despite my hours of research!)
B) It was not clearly marked as to reasonably know the restrictions (i.e. there is nothing inherent about an arrow on the street that says I cannot change lanes, if fact the presence of a single white solid line dictates I am NOT prohibited from making the lane change).
c) The statue I was cited under is too vague and the officers narrative not adequately detailed to explain my supposed wrong-doing to understand and prepare a defense against the charge (for link to the law and the officer's narrative is included in my previous thread linked above)
I went and observed contested hearings yesterday and was shocked at the lack of preparation by the people involved. I saw someone get their charges dismissed because his discovery request wasn't fulfilled - I guess this is good enough reason to submit one, but what would I ask for in this case (I already have the officer's narrative via public record request)?
Thanks a lot!
Re: What's the Best Defense for Fail to Obey Traffic Control Device (Left Turn)
I understand that you don't know this, but you should just post to your original thread. That bumps the thread to the top and we all get an email telling us you posted again, and a link to click on. That way we can just read above to quickly refresh memories.
As I recall, you were cited for violating another vehicle's right of way? You can do that from anywhere. It doesn't have to be marked. When another car is "controlling" a lane, it owns that lane so to speak, and you may not enter the lane and impede that vehicle's travel. You were cited for, I think, leaving a parking lot and entering a lane which was already in use by another vehicle, impeding its progress.
You don't have a defense.
Re: What's the Best Defense for Fail to Obey Traffic Control Device (Left Turn)
I posted my original thread in the moving violation section. I had a question specific to traffic court prep, and so I thought I would ask it here.
You have my situation confused with some one else's. Mine was a lane change from a left turn only lane to a through lane prior to an intersection as described above.
Thanks!
Re: What's the Best Defense for Fail to Obey Traffic Control Device (Left Turn)
Quote:
Quoting
erbat02
I posted my original thread in the moving violation section. I had a question specific to traffic court prep, and so I thought I would ask it here.
You have my situation confused with some one else's. Mine was a lane change from a left turn only lane to a through lane prior to an intersection as described above.
Thanks!
Yep, sorry. I confused it. Still, that's more evidence that it helps to post in the original thread. :) And see, I got an email of this new post with a link to it. :)
Re: What's the Best Defense for Fail to Obey Traffic Control Device (Left Turn)
it appears the officer is viewing your passing over of the left turn arrow as the violation.