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22101(d) ticket can I fight it?

  
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22101(d) ticket can I fight it?

Postby emilek17 » Tue Apr 24, 2012 1:36 pm

So today I got a ticket for making a left turn at an intersection when there was a sign posted that did not allow left turns at certain times. Now I did this because this intersection is literally right next to my apartment, and not making the left here means I need to drive past and make a left further down the road and circle back around. The sign prevents left turns from 7-9AM and 4-7PM. I made this turn after 7 after coming back from morning training. The oncoming lane was completely clear of cars so it wasn't even an unsafe turn. Would it be possible to make a case in court arguing undue circuitry of travel? The reason I want to fight this is because a few months ago I got a speeding ticket and went to traffic school for that, so traffic school as an option is out for me, and I don't want to get a point on my license. And I received this citation in the city of Los Angeles, CA.
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22101(d) ticket can I fight it?

Postby cruz50 » Tue Apr 24, 2012 1:40 pm

yeah fight it i am sure they will dismiss it just because you were inconvenienced and if not it will at least give some judge a good laugh
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22101(d) ticket can I fight it?

Postby dana » Tue Apr 24, 2012 1:41 pm

If you make that argument (sure, it's possible to) you put yourself in the position of the four year who, told not to do something, responds "but I WANT to." Sorry, convenience does not override prohibition.

Update: No, MUTCD Section 2B.19 does not support your position at all. Not even close.
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22101(d) ticket can I fight it?

Postby crom » Tue Apr 24, 2012 1:44 pm

It's distinctly possible, but traffic surveys are usually bought out by local PDs. The police department can get the surveyor to say whatever they want him to say, including making a recommendation that a road where average travel speed is 55MPH should have a speed limit of 30MPH. I'm not saying "don't try to contest it," but be prepared for what might happen if you do.
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22101(d) ticket can I fight it?

Postby ashbey15 » Tue Apr 24, 2012 1:46 pm

It's distinctly possible, but traffic surveys are usually bought out by local PDs. The police department can get the surveyor to say whatever they want him to say, including making a recommendation that a road where average travel speed is 55MPH should have a speed limit of 30MPH. I'm not saying "don't try to contest it," but be prepared for what might happen if you do.
While you may make a case to get the flow of traffic changed, that won't help you now. Getting the traffic controls changed after-the-fact is irrelevant. Just as we can't change the speed limit from 50 to 30 and then say "you were going 40 last week and that's faster than the new speed limit", you can't get the "no left turn" restrictions removed next week or next month and say that you never should have gotten the ticket.

Unfortunately, the turn you made is illegal at the moment. The judge is going to say "you knew the rules and you chose to break them".
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22101(d) ticket can I fight it?

Postby khalid » Tue Apr 24, 2012 1:54 pm

Chances of beating the charge ... about zero.

Chance of plea bargaining or deferral, slim to none.

The judge has heard every excuse for ignoring the law. One thing most of them hate is people coming to court and saying "Yes, I knew it was illegal ... yes, I did it anyway ... but I have a really good reason for breaking the law!"

As reasons for breaking the law go, yours isn't really that good anyway! I think you are stuck with the violation!
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