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  1. #1
    Join Date
    Sep 2010
    Posts
    3

    Question Did Not See Left Turn Pavement Marking and Got Ticketed for Going Straight

    My question involves a traffic ticket from the state of: ny /Brooklyn
    I got a ticket for not following a left lane only pavement marking because I did not see it on the pavement it was 6:35 am. No physical signs are posted anywhere indicating left only in a two lane road. No signal lights indication left turn only .. The road entering is a through road splitting into left turn only lane then passing the straight intersection becomes a through road going straight. I was behind 4 cars waiting in traffic so the pavement marking was not visible and the other 3 got away while I got ticketed. I heard it was rule to use pavement markings only as a supplement to signs under NY state law(supplement) . I have not received any points or tickets for the last 10 years.
    I went back to the intersection and took pictures of the traffic light, each corners and where the pavement was dug up and paved over the sign making it difficult to see from a distance as the ONLY and ARROW is separated by big asphalt bump by the utility company which I took a picture of. Also showing if two cars were to be passing by it you cannot see the pavement markings unless you are observing from overhead or directly on it. The lane that is marked left only is 15-20 feet or less going at 25 mph you would miss it in under a sec. How would I better my case since I am going to state poor pavement markings/no traffic control signs since the ticket states only disobey pavement. I am also going back tomorrow around 6:30 am to take pics around the same time. I also dug up city permits listing con edison Is digging up the ground around that area. What else would I need?
    thanks

  2. #2
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Did Not See Left Turn Pavement Marking and Got Ticketed for Going Straight

    what section were you cited for violating?

    What does the state of ny publish in their "manual of uniform traffic control devices" (mutcd)?

  3. #3
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Did Not See Left Turn Pavement Marking and Got Ticketed for Going Straight

    Section 1110a, I never saw it and went straight did not cross any solid lines or cause any other infractions. I went back today and shot video at the specific time and it shows within a 2-3 min period everyone going straight through even a school bus.

    "Word and symbol pavement markings shall not be used to inform motorists of mandatory messages, except as a supplement to standard signs. Where a
    movement that would otherwise be legal is to be prohibited, such as when
    through traffic lanes approaching an intersection become mandatory turn
    lanes, lane-use arrow markings (see Figure 3B-21) shall be used and
    accompanied by standard signs."
    In the ny supplemental version.
    I have also printed out the code for mandatory lane control and it states that certain signs have to be placed and none are to be seen anywhere.
    https://www.nysdot.gov/divisions/ope...NYSS%20wR1.pdf
    page 145

  4. #4
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Did Not See Left Turn Pavement Marking and Got Ticketed for Going Straight

    Quote Quoting wandrul
    View Post
    Section 1110a, I never saw it and went straight did not cross any solid lines or cause any other infractions. I went back today and shot video at the specific time and it shows within a 2-3 min period everyone going straight through even a school bus.

    "Word and symbol pavement markings shall not be used to inform motorists of mandatory messages, except as a supplement to standard signs. Where a
    movement that would otherwise be legal is to be prohibited, such as when
    through traffic lanes approaching an intersection become mandatory turn
    lanes, lane-use arrow markings (see Figure 3B-21) shall be used and
    accompanied by standard signs."
    In the ny supplemental version.
    I have also printed out the code for mandatory lane control and it states that certain signs have to be placed and none are to be seen anywhere.
    https://www.nysdot.gov/divisions/ope...NYSS%20wR1.pdf
    page 145
    Sounds like a pretty good defense to me. The word "shall" means "must" as in "if it is missing it does not meet the standard of a 'properly placed'

    (b) 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.
    Whenever a particular section does not state that signs are required,
    such section shall be effective even though no signs are erected or in
    place.


    I'd hit on (1) not visible, all these people missed it too, and (2) not compliant with the NY state manual.

    Good luck

    Report back

  5. #5
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Did Not See Left Turn Pavement Marking and Got Ticketed for Going Straight

    I am not sure if they allow laptops for visual or not? But the judge has to with proof that no signs are present follow the law/code? Or can they make a judgement on whatever they want? I am assuming the TVB has to follow the law set by dot. Do you know what the rule is for distance of a sign to be placed in this condition? I am assuming its 30 feet as I took pics of parking meter poles to show distance of more than 30 feet. thank you. I will definitely post back on what happens.

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