Legal Question in Traffic Law in New York

I live in Nassau County, NY and on 1/30 recieved a ticket for VTL violation 1110A for disobeyed a traffic control device. I was on a road which has 2 lanes in each direction, on approach to a red light with 2 vehicles infront of me i slow down, then stop. The light turned green but no one moved after about 30 seconds, i then proceeded to cross a single solid white line to get into the right lane. The reason for no one moving (which i could not see as vehicles were infront of me) is that an officer had held up traffic to allow pedestrians to cross. I stopped before the intersection but then he signaled for me to pull over and 15 mins later i had this ticket.

I entered my plea of not guilty within the allowed 48 hours. On the back of the ticket i requested a deposition. Today i recieved in the mail a notice regarding a "pre trail" for the date of 3/28.

I have done my homework and wanted to see from an attorny's point of view if i have a very good chance of winning, if there is any additional information to provide etc...

1st - According to Artical 30 of NYS criminal procesure section 30.30 1D "thirty days of the commencement of a criminal action wherein the

defendant is accused of one or more offenses, at least one of which is a

violation and none of which is a crime"

I understand some Traffic judges do not go based on letter of the law, espc for traffic tickets, however i found previous cases by the Supreme Court In People v Thorpe, 160 Misc.2d 558; 613 N.Y.S.2d 795 (1994), the Supreme Court, Appellate Term, Second Department, unequivocally stated:

�In answer to the defendant�s assertion in his affidavit of errors that his constitutional right to a speedy trial had been violated, the return of the court merely asserted that the right to a speedy trial did not apply to a traffic violation. This assertion is incorrect, since the constitutional right to a speedy trial applies to all prosecutions (People v Wertheimer, NYLJ, June 5, 1986 at 15, col 5 [App. Term, 2d & 11th Jud Dists]).�

Seems to me like once the 30 days are up, they would be outside the statue of limitations correct?

2nd - NY DMV indicates for a single solid white line " you may pass other vehicles or change lanes, but you should do so only if obstructions in the road make it necessary or traffic conditions require it"

My arguement is that the "obstruction" was the officer him self holding up traffic. Based on being 3 cars back i could not see who why or what was causing no one to move

3rd - NY Vehicle and traffic law according to section 1680 indicates that it must go based on the manual for uniform traffic control devices. In the Manual for uniform traffic control devices 3B.04 indicates "Where crossing the lane line markings is discouraged, the lane line markings shall consist of a normal or wide solid white line" and goes on to say "Where crossing the lane line markings is prohibited, the lane line markings shall consist of a solid

double white line"

My arguement is that it indicates that it is "DISCOURAGED" does not indicate prohibited like it does in other sections. And that it must be a double solid white line when it is prohibted to cross

4 - The single solid white line that i crossed is aprox 200 to 300 feet in length however in the same town at every other red light, the single solid white line approaching the light is generally about 15 to 20 feet. According to the Manual for uniform traffic control devices 1A.04 i found this "02 Traffic control devices should be placed and operated in a uniform and consistent manner."

My arguement - based on the length being in-consistant with other lights in the same town, it is not uninform and in a consistant manner

With all this said. Do i stand a chance?

Thank you for any and all help you can provide!

1 Answer from Attorneys

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