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Using Road Design as a Defense to Crossing the Yellow Line

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  • 08-24-2013, 12:22 PM
    taylorj
    Using Road Design as a Defense to Crossing the Yellow Line
    My question involves a traffic ticket from the state of: Arizona, county of Maricopa, city of Glendale.

    On the road leading to my house from work, there are these speed bumps that have two gaps near the middle, spaced just perfectly apart for vehicles to be able to go through without having any effect from the speed bump. But, to do so, you have to cross over into the other lane, crossing a double yellow line. However, this double yellow line is not painted across the middle section of the speed bump itself. It just goes all the way up to it on each side. (you can see the speed bumps by typing in this address to google maps and using street view - 5700 West Acoma Drive, Glendale, Arizona) Also, there are no signs that say "speed bump 15 MPH" like there are on the next road over in my neighborhood (where the speed bumps are solid all the way across the road - 5700 West Crocus Drive, Glendale, Arizona).

    I just moved here from Idaho so I still have an Idaho license and plate and registration. I see all my Arizona neighbors driving half-way across the middle of the road in order to shoot their tires through the gaps on the speed bumps. Given their unique design (I have never seen speed bumps like this anywhere else) and the fact that all my Arizona neighbors did it, I thought that that is what they were designed for. Otherwise, why would the gaps be there if not to drive through? Is it arguable to say that the design of the speed bumps entices me as a citizen to drive the way I did in crossing through the middle of it. My ticket was for crossing the yellow line. (Further, I see that the HOV lane on the highway here is a single line that everyone crosses - as opposed to dotted line in Idaho where you are allowed to cross in and out - so I started getting the impression that here in AZ it is ok to cross a solid line).

    You should also know that it was right next to my apartment, so I pulled into my apartment driving spot before the cop was behind me. He basically gave me the ticket in the driveway. Further, I didn't have my license on me but he let me go in the apt to get it. He said that he could have given me a ticket for that too or even taken me to jail for it but he didn't. Do I have any defense here? And if I fight it in court, could the cop give me a ticket or take me to jail then for not having had my license (well after the fact?) since he is upset I am fighting his ticket? Any thoughts would be REALLY appreciated!
  • 08-24-2013, 12:53 PM
    aardvarc
    Re: What if I Was Induced to Cross the Double Yellow Line by the Design of the Road
    Quote:

    Quoting taylorj
    View Post
    Given their unique design (I have never seen speed bumps like this anywhere else) and the fact that all my Arizona neighbors did it, I thought that that is what they were designed for.

    It's not. They aren't there for show, they are there in order to have effect, the effect of slowing traffic.


    Quote:

    Otherwise, why would the gaps be there if not to drive through?
    Irrelevent.


    Quote:

    Is it arguable to say that the design of the speed bumps entices me as a citizen to drive the way I did in crossing through the middle of it.
    Only if arguing with a total idiot. No. You are still expected to maintain your own lane properly.


    Quote:

    My ticket was for crossing the yellow line.
    See?



    Quote:

    (Further, I see that the HOV lane on the highway here is a single line that everyone crosses
    If everyone jumped off a cliff....


    Quote:

    as opposed to dotted line in Idaho where you are allowed to cross in and out - so I started getting the impression that here in AZ it is ok to cross a solid line).

    Your impressions were wrong. Now you know.



    Quote:

    You should also know that it was right next to my apartment, so I pulled into my apartment driving spot before the cop was behind me.
    You have a driving spot? Do you mean a parking spot?


    Quote:

    He basically gave me the ticket in the driveway.
    Ok. He can do that.



    Quote:

    Further, I didn't have my license on me but he let me go in the apt to get it. He said that he could have given me a ticket for that too or even taken me to jail for it but he didn't.
    He's right. I hope you said "thank you".


    Quote:

    Do I have any defense here?
    Have you been declared mentally incompetent by any court?


    Quote:

    And if I fight it in court, could the cop give me a ticket or take me to jail then for not having had my license (well after the fact?) since he is upset I am fighting his ticket?
    The cop, no. But the prosecutor could absolutely add every charge they can think of.



    Quote:

    Any thoughts would be REALLY appreciated!
    If you aren't aware of the motorvehicle laws in your new state, it would behoove you to learn them. You can read all about them for free in the interweb.
  • 08-24-2013, 01:55 PM
    That Guy
    Re: What if I Was Induced to Cross the Double Yellow Line by the Design of the Road
    Quote:

    Quoting taylorj
    View Post
    why would the gaps be there if not to drive through?

    What would be the purpose or the meaning behind putting up the additional cost to install a speed bump if they were designed in such a way to allow drivers to bypass them?

    Here are the right questions:

    Are you able to bypass the speed bump in the manner you describe without crossing over the double solid yellow lines?
    The answer is likely to be "No".

    Is crossing a double solid yellow line prohibited by Arizona law?
    The answer is likely to be "Yes".

    Does the law prohibiting such action provide for an exception allowing a driver to bypass a speed bump? Or to claim that he/she was "enticed by road design"?
    The answer is likely to be "no".

    That should cover it. Although it may depend upon the language of the code section you were cited for but rest assured you are not going to find any exception allowing you to do what you did.

    Quote:

    Quoting taylorj
    View Post
    Is it arguable to say that the design of the speed bumps entices me as a citizen to drive the way I did in crossing through the middle of it.

    No... An open freeway entices a driver to speed but that is not a defense to speeding. Similarly, you are arguing about an exception that is not provided in the code.

    Quote:

    Quoting taylorj
    View Post
    My ticket was for crossing the yellow line.

    Nice try... What code section were you cited for?

    Quote:

    Quoting taylorj
    View Post
    (Further, I see that the HOV lane on the highway here is a single line that everyone crosses

    That's a single WHITE Line... Not a Double Yellow! Or a Double White!

    There is no prohibition on crossing a single while solid line. Most, if not all states prohibit crossing double solid lines (either color).

    Quote:

    Quoting taylorj
    View Post
    as opposed to dotted line in Idaho where you are allowed to cross in and out - so I started getting the impression that here in AZ it is ok to cross a solid line

    Even if you are able to find an Idaho law that allows crossing a double yellow line, or to prove that there is no law that prohibits it, Idaho laws do not apply in Arizona.

    Quote:

    Quoting taylorj
    View Post
    You should also know that it was right next to my apartment, so I pulled into my apartment driving spot before the cop was behind me. He basically gave me the ticket in the driveway.

    You should know that driving onto your driveway does not prohibit him from still following you and citing you. He witnessed you committing an offense, and as such, even if you had entered private property, he is able to pursue and cite you just the same.

    Quote:

    Quoting taylorj
    View Post
    Further, I didn't have my license on me but he let me go in the apt to get it. He said that he could have given me a ticket for that too or even taken me to jail for it but he didn't.

    So he gave you a break... Shame on him. Maybe next time, you won't be able to walk a few steps to retrieve it and he will take you to jail.

    Quote:

    Quoting taylorj
    View Post
    Do I have any defense here?

    Not even a hint of one...

    Quote:

    Quoting taylorj
    View Post
    And if I fight it in court, could the cop give me a ticket or take me to jail then for not having had my license (well after the fact?) since he is upset I am fighting his ticket?

    As long as it is still within the statute of limitations for the type of offense (which I believe is 1 year for traffic violations), there are ways whereby it could be added. Question is, will it happen? Only you can tell us if it does.
  • 08-24-2013, 05:19 PM
    Disagreeable
    Re: Using Road Design as a Defense to Crossing the Yellow Line
    Imagine what kind of vehicle operating on the road might be destabilized by the speed bumps. (hint it has 2 wheels) Guess what vehicle can be driven between the speed bumps, without impacting them. (hint it has 2 wheels) Guess what kind of vehicle you were not driving when you went left of center to put one set of tires between the speed bumps.(hint it has 2 wheels)
  • 08-25-2013, 05:39 AM
    davidmcbeth3
    Re: Using Road Design as a Defense to Crossing the Yellow Line
    Screw speed bumps ... I hate them ! Hate hate hate hate.

    I would be talking to the police chief to tell them not to enforce this law in that area due to the speed bumps and the damage they cause.

    Did I mention that I hate speed bumps?

    I would tell the judge you were avoiding a road hazard..that the speed bumps are the road hazard.
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