Traffic Control Device Violation in New York City During Snow
My question involves a traffic ticket from the state of: New York
I was driving in NYC on a day when the snow was falling. It wasn't a snow storm but there was a lot of falling snow which obscured visibility. I drove straight at an intersection where there were 2 signs that read "Left turn only, except buses, M to F 7AM to 10AM" or something to that effect. About 20 other people in front and behind me also made the same mistake, and we were all stopped by the cops and handed tickets (there was a van and 2 cars and they were operating pretty efficiently, to get us all out of there quickly). The charge is a 1110A traffic control device violation.
Can I claim protection under the following Section 1110A's clause?
"No provision of this title 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." There's nothing wrong with the sign itself (and there's two, one on each side of the road). It's just that when it is snowing and there are 6 or 7 signs at the intersection it's a little difficult to read them all in the short time that you have when you get to the intersection, especially when there are large buses obscuring your view while you're waiting at the light.
As proof I was hoping that it would snow again so i could snap a picture of the intersection in a similar condition (the signs are very visible in clear weather), but the weather does not cooperate.
Alternately, can I point to the number of tickets that were given at that intersection at that time to claim that since many ordinarily observant persons were making the mistake, the weather made the sign insufficiently legible(or sufficiently illegible)? If so, how can i get data on how many tickets were issued at that spot at that time?
I realize i'm trying to cop out on a technicality here. I know i made an error, and weather conditions do not permit you to disregard traffic rules, but I'm a steady and focused driver and I usually take the effort read all traffic signs. I sincerely believe that this wasn't a case of me missing this sign because i wasn't looking.
On a related note, does anyone know if there's a limit on the number of signs that can be posted at an intersection in NYC? The FHA's MUTC has guidelines regarding 'excessive signage', but it doesn't spell out a standard or limit.
Re: Traffic Control Device Violation in New York City During Snow
If they're posted in accord with New York's regulations for traffic control devices, "a little hard to read due to weather or night time" isn't going to cut it; nor is "there were lots of other cars on the road."