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I go to court tomorrow morning. NOW I know you can't pass through an intersection.?

But can anyone state case law or anything that might help me? I passed a vehicle on a long straightaway that was marked with dotted lines (I assumed that this meant I could pass, but apparently NOT!) As I passed, I went past a paved state road that "teed" off with the road I was on. Apparently, no matter how the road is marked, you are not allowed to do this.

No, there was no traffic, this is a small rural area, the only other vehicle was the one I was passing. He called me in!

I was probably doing 5 mph over the posted speed to get around him.

My biggest question is this: Where is the state's responsibility in marking the roads correctly? I was informed these lines are merely suggestions, that's why they are yellow!

Do I have a leg to stand on if I claim they have responsibility, too?

Any suggestions greatly appreciated!

Update:

I too, have a brother in law who is a sergeant on the highway patrol, he can't stand the guy who gave me the ticket....even the local deputies said they wouldn't have written me up, just informed and warned me....

Update 2:

Well, I know I messed up by admitting I passed him.....yeah, I know, bonehead thing to do....I couldn't possibly lie in court (I have a hard time lying at all, it's just not in me). Yes, the intersection has a sign, and I drive past there every day, I know it's there. I just didn't realize that the intersection law existed. Those who are in the know, tell me that the lines don't say when it's ok to pass, they only suggest when it's NOT okay to pass....I think if they can't mark them correctly, why mark them at all.....anyway, thanks everybody for your input, I'll keep reading......

Update 3:

BTW, the person who called me in was just a citizen.

Update 4:

OH, and here's a good one....a friend of mine who's a water patrolman told me this trooper gave his own MOTHER IN LAW a ticket!!!! (bet he slept on the couch that night!)

13 Answers

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  • 1 decade ago
    Favorite Answer

    First question the judge should ask the officer is "did you witness the violation?" If he did not witness it basically it's case dismissed. Unless the person who called in on you comes to court and testifies (probably not going to happen). I'm curious to know what state you live in? From my point of view it looks like he violated your 4th amendment rights to illegal siezure. A traffic stop is technically a siezure of a person if only momentarily. From what you said he did not have a reason to stop you only what some 911 caller said. He would have had to establish his own articulable suspicion to stop your vehicle. Unless it was something like you were driving down the road shooting at random people. Let me know how it turns out.

    Source(s): Police officer
  • 1 decade ago

    You MUST take a picture of the area to show to the judge. If there was not a sign posted to indicate an intersection was ahead, you have a case. If there was a sign posted and you unfortunately did not see it, you may have to pay the fine and be more observant next time. I highly recommend that you visit the location and take pictures and stand your ground on your case, even if you "know" your wrong. Let the judge tell you, you were wrong, then accept the penalty then. Standing your ground gives you the opportunity to make a case and the judge might agree with you. Again, if the judge suddenly sides with the plaintiff, be apologetic and he might go easy on you. If you are defiant, the judge could "throw the book at you."

    You can also visit your local DMV online to look at the Vehicle Code about passing.

  • 1 decade ago

    Listen, Your going to court to fight a vehicle ticket your not going in like it's a trial or anything. Whats going to happen is that the judge will ask you how you want to plead on your ticket, guilty or not guilty. He is not looking for you to plead your case. If you plead guilty, you are simply told to pay the fine within a certain time span. Now if you plead Not Guilty (which you should) the judge will accept that and set you up with an appointmenth one of the assistant district attorneys somewhere between 3-4 months down the road. Here is where you get to plead your case, with the assitant d.a. More then likey the D.A. doesn't want to bother with your simple ticket, give you a warning and drop it all together. Even if your honest and want to plead guilty at this stage, at least it'll take longer this way to show up on your insurance. Please take this advise. unlike what guy #1 said, the officer is not going to show up to court for this. fight the ticket, you'll see it'll work in your favor.

  • Anonymous
    1 decade ago

    Tell the Judge you want to file a "Motion for Discovery". this gives you a lot of time. maybe a week or 2, maybe more.

    They have to give you state evidence "proof" what they have as evidence and/or witness'. You say you admitted it. to who? so, big deal. You were under duress and didn't understand the question. Bottom line is this. It is your word against the dude that called it in, unless he has a witness. He has to prove you did it.

    This is a moving violation. 2 OR 3 points against your lisc. After you file a motion, talk with the prosecutor and tell him, you might consider pleading guilty to a "improper equipment", which could be a stoplight, turn signal. At least it doesn't go against your lisc.

    Good Luck.

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  • 1 decade ago

    Laws vary by state. In most states, on two lane roads it is a violation to pass in an intersection or on a bridge, regardless how the road is marked.

    When you signed for your driver's license, you acknowledged that you are familiar with all applicable traffic laws. The state does not need to remind you by painting stripes or posting signs.

    As others have pointed out, the officer must see you commit the violation, he cannot cite you for a violation he did not witness.

    Good luck.

  • 1 decade ago

    If I'm reading correctly, you passed someone in an intersection. That's a no-no, but if the officer didn't actually witness it, I don't see how you were even given a ticket.

    I think that's the route I would take in court. Just lie and say you didn't pass the guy in the intersection.

  • 1 decade ago

    Most of the time you plead to something smaller and they let you off with failure to yeild to a traffic device, it's one point in NY plus court cost and fine. Ask the DA which is better for you, fighting or pleading and do what they say. In the future never admit to doing anything wrong if the officer isn't present, it'd end up being your word agianst the other guys.

  • 1 decade ago

    since you HAVE to go to court now (you're fighting a ticket) you may as well NOT FIGHT, but just ask for clerification for the future. HINT: cops like one another. in the UNLIKELY, BUT POSSIBLE, event that you win you will LOSE in the long run. the officer will also be at court to defend his side and if you win, all of his friends will be writing you tickets left and right because you messed with their word. they can write you tickets for the smallest things until you have so many points that you lose your license (depending on how pissed the officer is about your fight).

    DON'T ROCK THIS BOAT!

    Source(s): i have a family member that's a state officer
  • First what sate are you from? Have you read a copy of the driver training course? Was it a state road or county road? Was the person reporting a law officer? How do they have proof that you did it?

  • Anonymous
    1 decade ago

    just state that you were told they were "merely suggestions" by the police man, sounds like he couldnt give you a good enough answer. you could get away with it if you wanted to but the police are just being buttheads at this time of the year with school being out and everything, they crack down harder. fight to the end hun! dont let them get you for a ticket that states you crossed when you shouldnt, and there were dotted lines there. dotted lines mean "its okay to cross over". end of story. tell them that.

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