Road Closed

[EddyColdcuts]

I was recently pulled over by an officer and issued a summons for driving on a closed (39:4-94.2B) road knowingly.

It was a rainy day and apparently an officer had closed the road at the bottom of a hill because up ahead on the road was a fallen tree. Now as I was approaching the officers car, not aware of any tree because the tree was at the top of the hill, not noticeable from down below. I had noticed that the traffic ahead of me was going right around the officer's car. So I slowed down and proceeded following the traffic which I was last in line. The officer then, got behind me and pulled me over where he then issued me a summons.
Now, there were no signs posted that the road was closed, only a utility vehicle at the top of the hill which seemed as if they were trying to remove the tree, but that's all.

According to the statute, they should have signs.

Any advice on how to approach this is court?

 

[Drontal]

Hey there,

Hopefully someone will be along with full advice that is relevant to you (I am not in the US or competant in your American laws).

What i would do though if I were you is get back out to the road with a 35mm and take some photos of the view (from a driver's view-point) of the approach to the top of the hill, location of tree, the location of the Police car that you passed in the incident and if possible do yourself a sketch of the road and mark the locations of the above and also note where you took the photos from (number them). Not sure what you call it across the water, but it's referred to as a LOCUS here.

From what you wrote about the tree not being in view as you travelled the road, the above may help you but do it as soon as possible and make a note of the date the photos were taken (camera date-stamp if possible) to ensure that no changes take place in the meantime.

Hope that helps at a minimum.

JJ.

 

[EddyColdcuts]

This helps a bunch.

I've taken your advice to go out to the site and do some photography work.

Thanks JJ.

 

[Drontal]

Excellent Eddy,

If your defence will be based on;

Now as I was approaching the officers car, not aware of any tree because the tree was at the top of the hill, not noticeable from down below

then the photographs should assist you.

Please let me know how you get on.

Regards,

JJ.

 

[EddyColdcuts]

Court

Summons was answered in court but to no avail.

Fine was paid with no repercusions as to surcharge.

Could have been worse I guess.

Thanks for the help.