How to Successfully Contest a Moving Violation Due to Inadequate Warning Signage

Traffic citations are frequently issued to motorists for moving violations even in cases where signage is inadequate to notify or warn the driver. For example, foliage sometimes obscures signage from view. At certain times of day, sunshine can similarly block a sign from view. At still other times, parked or moving vehicles can prevent a motorist from seeing a controlling road sign. If the driver is otherwise unfamiliar with the road and the sign at issue, a citation can sometimes be avoided at the scene. If not, the resulting citation can be successfully contested in traffic court. Ample proof of the lack of notice is an absolute must.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Camera and video camera
• Confidence and willingness to state your case

1. Explain to the police officer at the scene the reason why you failed to notice the controlling road sign. Ask the officer to provide a warning in lieu of an actual citation. Alternatively, ask the officer to acknowledge the impeded view as a mitigating factor.
2. Prepare to contest any resulting citation by taking photographs and/or videotape of the obscured sign. Choose angles that best depict the view that you had from behind the wheel. If possible, take multiple shots, from incremental distances, to prove that the sign was never reasonably visible.
3. Appear in traffic court on the date and time assigned to your case. After pleading not guilty, explain your defense to the judge and present your photographic and/or video evidence.

Tips & Warnings

• If photographs cannot be taken at the time of the ticket, return to the scene later. For conditions that depend on the time of day, such as a rising or setting sun, ensure that you return at or near the same time so as to capture the effect of the condition.
• The police officer and/or judge will probably explore whether you should otherwise have known of the controlling sign. Be prepared to explain why you did not have reason to know of the sign. It may, for example, have been a newly placed or positioned sign.