Traffic Control Device

[bergy]

I recently pulled into one of those turn around areas on an Ohio interstate that is marked no U-turn - emergency and authorized vehicled only.

I was immediately stopped and given an citation for a traffic control device violation. I never made a U-turn. I am going to request a continuance so I can further investigate what I might use for a defense. I am having great difficulty finding any information on the violation as it pertains to me.

Any advice? Of course I'm hoping the officer doesn't show up but if they do I would like to at least have some sort of defense.

thanks for any help.

 

[mike]

I recently pulled into one of those turn around areas on an Ohio interstate that is marked no U-turn - emergency and authorized vehicled only.

I was immediately stopped and given an citation for a traffic control device violation. I never made a U-turn. I am going to request a continuance so I can further investigate what I might use for a defense. I am having great difficulty finding any information on the violation as it pertains to me.

Any advice? Of course I'm hoping the officer doesn't show up but if they do I would like to at least have some sort of defense.

#1 -- Look at the law specifically that deals with the summons. Remember that it is the prosecutor's job to prove each element. This should always be the first step in analyzing whether you may have violated any law or ordinance.

You can claim that you didn't make the u-turn but let me ask this -- could you have continued and gotten back onto the road in the direction which you were traveling? Did you come to a complete stop? Was the officer hiding there when you pulled over and he prevented you from pulling onto the road on the other side (which is why you couldn't complete the u-turn?) I'm guessing that if you were standing still and an officer stopped and you had a choice not to make a u-turn, then perhaps you might be able to fight the charge.

But I can see a potential problem in that you pulled onto the side of the road for the passing lane. You may need to check motor vehicle law in Ohio to see if there is some requirement to pull over to the right. I wouldn't raise that fact unless they do!

 

[bergy]

Thanks for the info...the fact is is that I pulled into an area on the highway where I was not supposed to. I understand that I was not supposed to pull in there. There was a "no u-turn" sign in front of the turnaround and a "authorized and emergency vehicles only" sign at the back of the turnaround. I did come to a complete stop and the officer pulled in behind me. My citation was for traffic control device (probably the "authorized vehicled only" sign).

I'm just trying to avoid the points. I don't mind paying the ticket-I just don't want my insurance premiums to go up. I'm 38 years old, married with 4 children. I have had 2 tickets in my life (the last one more than 10 years ago). I'm probably guilty of this offense. Is there anything I can do to avoid the points??

Thanks for the help.

 

[18wheeler]

Thanks for the info...the fact is is that I pulled into an area on the highway where I was not supposed to. I understand that I was not supposed to pull in there. There was a "no u-turn" sign in front of the turnaround and a "authorized and emergency vehicles only" sign at the back of the turnaround. I did come to a complete stop and the officer pulled in behind me. My citation was for traffic control device (probably the "authorized vehicled only" sign).

I'm just trying to avoid the points. I don't mind paying the ticket-I just don't want my insurance premiums to go up. I'm 38 years old, married with 4 children. I have had 2 tickets in my life (the last one more than 10 years ago). I'm probably guilty of this offense. Is there anything I can do to avoid the points??

Thanks for the help.

I don't know if this will help you but I had received a ticket in NY for speeding (81in a 65). I have a NJ license. My inlaw is a policeman. He called the trooper a few days later to try and help me. I was told to plead not guilty. A few weeks later a judge sent me a letter with a deal lowering the offense to " failure to obey a traffic device" which he stated as being a non moving violation. I payed the fine. Other drivers that I know said there are no points for that violation. I still don't know for sure.