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Failure to Obey Traffic Sign, Prohibited Turn Across a Double White Line

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  • 08-13-2018, 03:59 PM
    Alex_82
    Failure to Obey Traffic Sign, Prohibited Turn Across a Double White Line
    Hello everyone,

    Same story like here https://www.expertlaw.com/forums/sho...d.php?t=228658 recently happened with me too.
    Several days ago I was stopped by police officer and I got the ticket because I turned right from Granada to Lawrence and crossed double white line.

    When it happened I was the last in the line consisting of three cars, first two cars made this fault, they drove to Lawrence thru double white line and I mechanically followed them. I didn't do it specially I just didn't noticed the lines because the car in front of me was on them. But looks like I'm "lucky guy" cause police stopped only me.

    The officer on motorcycle, was very polite and fast, during 3 mins he took my documents and returned back with the ticket, he quickly explained me my fault, wished good day and disappeared.
    Firstly I thought that it was a joke and I didn't believe if I could make the mistake. It is the first ticket in my life after several years driving here.

    I returned back on the place to check the policeman's words, I was very surprised - he was right and I was not, then I saw very small sign with label "DO NOT CROSS ONTO LAWRENCE", when I was there reading signs I saw five cars which made same fault as me.

    1. I accept my fault and ready to pay the fine.
    2. I'm indignant, why Santa Clara administration hasn't built a curb between Granada and Lawrence if crossing between roads is prohibited as Granada as Lawrence sides, or set big red sign there instead smal label. Formal they are right, I and many other people made the fault but I believe - they catch many people there every day, they see statistic and they have to see that their road signs don't work.

    Looks like they specially don't touch this place, maybe it helps local police to increase their statistic for road tickets.
    My coworker gave me the link for this forum, because he also got the ticket in this place several month ago.

    I'm going take my camera and make many photos of cars crossing the lines there to present it in traffic court, (I won't make photos of registration plates of cars, cause I don't wish to see someone on my place).
    Maybe I will be able to attract their attention to build a curb there to prevent such cases.
    Because such thing happened with me first time, I would be thanked everyone who would give me an advice how to make my speech in court more effective, what better to say and where I need to focus on.


    Thank you everyone who reading this post.
    Alex.
  • 08-13-2018, 09:15 PM
    Alex_82
    Re: Failure to Obey Traffic Sign, Prohibited Turn 2
    Hello EJay,

    It is 21461A

    Today when I was coming back from my office and stopped for 30 mins, and I saw 10 examples how people didn't notice the small signs and the lines.
    """https://drive.google.com/file/d/1KmlSbN_igKyTkORdjkUVfhK3MeOdioUD/view?usp=sharing"""
  • 08-14-2018, 08:00 AM
    sniper
    Re: Failure to Obey Traffic Sign, Prohibited Turn 2
    I said this in the original thread. The island sign is an official black and white sign and appears to be posted at a proper height. The wording seems easy to understand and appropriate. So what if 1,5 or 75 other cars crossed. It does not give someone else the legal justification for ignoring a traffic law.

    I agree the intersection design is goofy and unusual. It's obvious that local officials are having issues at this particular intersection. It's likely placed as an effort to remove vehicles from a non arterial/collector road from cutting through a residential street to get to Lawrence. That's just my guess.
  • 08-14-2018, 10:12 AM
    Alex_82
    Re: Failure to Obey Traffic Sign, Prohibited Turn 2
    Thank you everyone for your response.

    I'm not looking for a justification of my fault, I agree with police and I will pay my fine. I just want say them that the problem has global character, if several hundreds (may be half thousand) cars make same mistake a day - it is ubnormal, even all their signs are correct placed, they do not work at all, if 20% of traffic going thru this place make same fault. Design of this place is horrible.
    I'm sorry of course I'm not expert regarding road signs, but they could use big red signs like "DO NOT ENTER" and place it with near their small labels on same pipe, also they could set up several red signs "NO LEFT TURN" on right side of Granada when it starts be parallel with Lawrence. They have whole special road department who know better then me how to improve this place and make it clear and understandable for drivers. I just want to make them to focus their attention on this place and think, if every 5th person makes same fault - maybe not people are wrong, maybe the place (road signs design) is wrong.
  • 08-14-2018, 10:13 AM
    free9man
    Re: Failure to Obey Traffic Sign, Prohibited Turn 2
    You can't just tell the court "You aren't allowed to take notice of this". You have to tell/show them why.

    Quote:

    Quoting EJay
    View Post
    Still the prosecution will have to prove that the sign is defined as regulatory in the MUTCD as this is an element of the crime.

    Not necessarily. (c) does not make any reference to the MUTCD at all.
  • 08-14-2018, 02:33 PM
    flyingron
    Re: Failure to Obey Traffic Sign, Prohibited Turn 2
    Nothing ambiguous or confusing or even wrong with either stautory construction or grammar here.

    This means:

    It is unlawful for a driver of a vehicle { to fail to obey a { sign or signal } defined as regulatory in the { federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual } of a regulatory nature { erected or maintained } to enhance traffic safety and operations or to indicate and carry out the provisions of { this code or { a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance }, } or
    { to fail to obey a device { erected or maintained } by lawful authority of a { public body or official} }.
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