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Home Brew Forums > Home Brewing Community > General Chit Chat > Need some legal advice: Traffic ticket
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Old 06-09-2008, 02:21 AM   #1
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Default Need some legal advice: Traffic ticket

So I'm out on a drive checking out all the flood waters in the area. As I'm driving home there a couple pylons with flashing lights in the center of the road but you can see down the road for a mile or so as it head up a hill to higher ground but the road is dry. The pylons were not "blocking" the road so I figured they were more of a precautionary as there was no road closed sign and its a road I drive several times a week and know it was safe to pass. Another vehicle follows me. Coming up to the other end about a 1 1/2 miles down the road is a completely blocked road with a cop sitting there. He immediately jumps out and explains the road is closed due to the fact that they believe the water will cover the road later in the evening. So he proceeds to write me a $100 ticket for failure to obey a traffic control device and the same to the vehicle that followed me. Now while I'm waiting for my ticket another officer pulls up and talks for a few quick seconds and speeds off. I had my camera so I quick snap a quick photo and proceed to go back and take a photo of where I entered. The cop that sped off went to move the barriers!! I'm thinking this is an entrapment!
So I looked up in Iowa law and found this:
Quote:
321.257 Official traffic control signal.
f. A "flashing yellow" light means vehicular traffic shall proceed through the intersection or past such signal with caution.
So I'm no legal genious but hoping there's one here. Here's some pics. Again the second photo we were able to drive onto the road without driving off the road to get around the barriers. The barriers had been moved after we drove through. Do I have enough to fight this or should I just pay the $100 and have a violation on my record? Again there were no "Road Closed" signs.



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Old 06-09-2008, 02:25 AM   #2
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If you can easily show up in court, it never hurts you. Most often (around here anyway) even if they find you "responsible" they cut the fine. Now the fine usually doesn't matter as much as the bump in your insurance premium, but it seems like you might have a chance.


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Old 06-09-2008, 02:27 AM   #3
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Hell yeah, I'd fight it. If they were in the process of closing the road but did not have an officer on the other side to let you know what was going on then they are responsible as well.
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Old 06-09-2008, 02:28 AM   #4
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I'd go to court with your pictures and story and see what happens. Worst case scenario they make you pay the $100
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Old 06-09-2008, 02:29 AM   #5
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1. I see no "words" on those signs telling you what to do.
2. They look like construction markers to me.

How are you supposed to know what to do? Good luck.
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Old 06-09-2008, 02:31 AM   #6
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Quote:
Originally Posted by kevabar View Post
1. I see no "words" on those signs telling you what to do.
2. They look like construction markers to me.

How are you supposed to know what to do? Good luck.
Thats exactly what I told the cop! Because another 1/2 mile past the cop there's construction and being they were poorly marked construction signs I figured they were starting to set things up to close the road tomorrow. It really sucks living in a city where the cops literally have nothing better to do than this crap.
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Old 06-09-2008, 03:16 AM   #7
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I think you would win based on the fact that there were no signs telling you the road was closed. You could also tell the judge the barriers were moved AFTER you entered the roadway.
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Old 06-09-2008, 03:25 AM   #8
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Quote:
Originally Posted by dirtymike1 View Post
Ok look at your 3rd sign. There is NO way that a car could fit through that barrier. Then look at the first photo, thats were a car COULD through. Explain exactly what happened, and if the cop denies it, see if you can't get the other guy that ways pulled over to be there in court with you. FIGHT THIS!!!!

You can bet this if you try!
My 3rd photo was where I entered. The barriers were all bunched up and pushed off to the left lane. That pic was taken after I drove around to photograph my evidence and the barriers were moved to completely block the roadway.
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Old 06-09-2008, 03:40 AM   #9
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There's no additional penalty for fighting it. At the very least, the cop who gave you the ticket will have to show up and that might piss him off. Give it a shot. Worst case scenario you're right where you are now.
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Old 06-09-2008, 03:52 AM   #10
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Thanks for the advice guys. I do think I'm gonna fight this. The evidence proves that the road clearly was not closed. Another vehicle did the same thing so obviously I wasn't the only one who misunderstood the road was closed. The control devices they put up had no markings of instructions and had a flashing yellow light which by state law means 321.257 Official traffic control signal f. A "flashing yellow" light means vehicular traffic shall proceed through the intersection or past such signal with caution. Now my only problem is I'm slated to be out of town for work on my court date This will be a fun call to the boss tomorrow.


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