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  1. #1

    Default Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    My question involves a traffic ticket from the state of: Washington

    Today I was leaving my place of work down a state highway (Highway 99) northbound. I needed to turn right onto a road that isn't normally accessible by making a right turn, since the angle of the turn would be greater than 90 degrees (it isn't possible to make the turn at all for most vehicles without stopping and blocking the roadway). On the other hand, there is a gas station parking lot that one can cut through to make the turn without blocking traffic.

    I've been regularly cutting through this little section of parking lot to make the turn that I need to go home. While there are other easy alternatives to going this way and cutting through the lot, I never really thought of cutting through this little section of parking lot as being anything bad, much the less illegal.

    Well I pulled into the lot this morning, waited for a couple of cars to go by, and then pulled out onto the other road this morning and an officer cited me for Failure to Obey a Traffic Control Device. I'm not really sure what this "device" could be. There's no light or anything, and it seems to me as though this is a somewhat arbitrary citation that's been given to me. Is there no citation for cutting through a parking lot?

    Anyway I'm wondering if there's any grounds for me to contest this ticket, have it mitigated, or something. I'm a poor college student and I can't really afford this ticket or increased insurance rates. Any advice would be much appreciated.

    Here is a link to Google Streetview of the exact spot that I got my ticket:
    http://maps.google.com/maps?q=miller...,,0,17.35&z=20

    I was heading northboung on 99. You can see where I cut through the parking lot on the right in order to get onto 76th street, as well as the No Right Turn Sign which is at the end of the lot. Was I technically ignoring this sign by going through the lot?

    Note: The specific violation code I was given is 46.61.050

  2. #2
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    Default Re: Cutting Through Parking Lot = Fail to Obey Traffic Control Device

    Here's the law. In Virginia that would be an illegal manouver but the code we have against that doesn't seem to have any similar provision in the RCW. Certainly nothing in what you were cited seems to apply here:

    RCW 46.61.050
    Obedience to and required traffic control devices.


    (1) The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter.

    (2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.

    (3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

    (4) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

  3. #3
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    Default Re: Cutting Through Parking Lot = Fail to Obey Traffic Control Device

    I think your best bet is to ask for a contested hearing and submit a discovery request. See what the officer says in his/her sworn statement. If the officer relates that you turned into the gas station parking lot, cutting across it, and exiting onto 76th, I think you can beat it. Basically, turning right into the gas station is NOT prohibited by ANY traffic control device, nor is exiting the gas station onto 76th. While you ARE guilty of "avoiding" a traffic control device, you don't seem to be guilty of "disobeying" a TCD. There are, indeed, laws against "avoiding" TCD's, but, from what I can find, they are mostly "local" ordinances. For example, Kent has an ordinance:

    Quote Quoting KMC 9.36-030
    Avoidance of intersection, penalty.

    A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

    B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred dollars ($100).
    I cannot, however, find a statute in the RCW's that is similar -- although I thought there was one.

    Barry

  4. #4
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    Default Re: Cutting Through Parking Lot = Fail to Obey Traffic Control Device

    Yes I agree with blewis's analysis. We've got a statute here that makes it illegal to drive across private property to avoid a traffic device, but I can't find such a thing in the RCW and certainly it is NOT what the statute you're charged with says.

  5. #5
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    Default Re: Cutting Through Parking Lot = Fail to Obey Traffic Control Device

    Ditto. The statement should say which traffic control device you disobeyed and how. Post it up and we can help tear it apart.

  6. #6

    Default Re: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    Here is something I found in the Edmonds, WA municipal code:

    8.32.070 Avoiding compliance with traffic devices prohibited.

    A. No person shall drive a motor vehicle over private property in order to avoid compliance with a traffic-control device.

    B. Any person violating the provisions of this section shall have committed a traffic infraction, punishable by a maximum fine of $250.00. [Ord. 2788 § 1, 1990].
    Would a gas station parking lot be considered private property?

  7. #7
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    Default Re: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    Quote Quoting BartusCompater
    View Post
    Would a gas station parking lot be considered private property?
    Yes, but it's IRRELEVANT. You were not cited for that ordinance.

  8. #8
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    Default Re: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    A Snohomish County Assistant Prosecutor would likely amend this charge, but they have to know what to amend it to. In other words, don't reveal what the correct statute would be in court. I just saw somebody do that in King County DC and lose his case.

  9. #9
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    Default Re: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    Considering that IRLJ 3.1 (c) states:

    Quote Quoting IRLJ 3.1
    (c) Amendment of Notice. The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.
    It would appear to me that changing an infraction charge from "failure to obey TCD" to "avoidance of a TCD" would, indeed, constitute a "different infraction". Under the rules, such an amendment should NOT be allowed.

    Barry

  10. #10

    Default Re: Failure to Obey Traffic Control Device Ticket for Cutting Through a Parking Lot

    What should I say in the Discovery Request? Just that I'm requesting any notes/logs/reports that the officer made in relation to my case?

    Also, it seems from IRLJ 3.1 that there's a good chance that they'll just change my charge to avoidance of a TCD as per 8.32.070 that I cited, which has a much higher maximum fine of $250. What do you mean when you say that under the rules such an amendment shouldn't be allowed? Isn't IRLJ 3.1 explicitly stating that such an amendment is allowed?

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