Legal Question in Criminal Law in Ohio
conflicting traffic control signs
Driving on a 5 lane state highway inside a city.(center lane marked as left turn lane). Left turn sign painted on pavement. Left turn signs hanging above center lane. "NO Left Turn" sign posted on left side of highway(to right of sideroad) and also on the right side of state highway. All other control signs in the city are elevated(hanging). I was cited to court for illegal left turn. Can I get this thrown out of city traffic court because of conflicting control signs? Thanks for your assistance.
2 Answers from Attorneys
conflicting traffic control signs
You MIGHT be able to get a judge to dismiss the ticket, but the problem will be in persuading the court of the conflict.Get yourself some good photos showing the conflicting signs and take them to court with you to help rove your case.
Conflicting traffic controls
The Ohio Department of Highways published the Uniform Manual of Traffic Control Devices and any traffic control device (sign, pavement marking, etc.) which does not comply with the manual is not a "traffic control device."
E.g., the manual calls for a "No turn on red" sign to be hung to the right of the rightmost traffic signal. If it is hung between the center signal and the right signal, it is a void sign. If it is up on a post beside the roadway, it is a void sign.
You need to look at the manual to see whether the signs were properly posted.
Another issue: were there "DO NOT ENTER" signs posted on either side of the street into which you turned? If so, you are out of luck.
For further information, see my web p[age.
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