Traffic Lawyer Gets Traffic Ticket (Part 3)

I have been diligently scouring the Vehicle and Traffic Law and researching relevant case law precedents to craft a defense to my recent traffic ticket.  Allegedly, I disobeyed a traffic control device.  Click here for details.

As a New York traffic lawyer whose law firm fights the most traffic tickets throughout New York State, I need to win this case for pride (not to mention the $130 fine and surcharge).

Giselle Dragon, our cracker jack paralegal, noticed right away that the officer omitted certain information.  Specifically, he failed to write the expiration date of my registration.  However, unlike a parking ticket, omission of these types of details is not fatal (although it can be used to attack the officer’s carefulness and credibility at the traffic trial).

She then pointed out that the ticket says “pavement markings” which here is helpful for me   Disobeying a traffic control device is a catch-all moving violation.  It refers to any sign, pavement marking or other official DOT device which restricts or prohibits certain movement.  By writing pavement marking, the officer is narrowing the scope of this charge to a specific type of traffic control device.

More importantly, here, he claims that I improperly used the acceleration lane to pass motorists on the right.  However, there really is no pavement marking which I disobeyed.  At best, I crossed a broken white line but that’s not illegal.  Motorists cross these types of pavement markings all the time.  Further, in my case, there actually were no markings on the pavement separating the right lane from the acceleration lane.  See photo below.

So, here is my defense.  I am charged with disobeying pavement markings which don’t exist and, even if they do exist, would not be the type that restricted or prohibited me from crossing them.  Having years of experience as a traffic lawyer, I can tell you that this type of legal argument is much more compelling to a judge than simply saying “I didn’t do it”.

Stay tuned.  A not guilty plea will be entered and updates to then follow.

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