Crossing Median Ticket

[ryker]

So about last week, I was driving from MA to NH and went off the wrong split on the highway. Following my GPS, it told me to do a u-turn on the highway. Of course I don't trust everything it says...so before I made the U-turn I checked for signs near the path. Apparently there were no signs at all. So I did the U-turn, checking the flow of traffic before I merged back. I then got pulled over 5-10 minutes later for crossing the median. I don't know why it took him that long. I attached an image of the exact same road I used for the U-turn. This is the first violation I've had for the 3 years I've had my license. No previous warnings either.


I couldn't post a direct link due to insignificant number of posts.
....img697.imageshack.us/img697/5118/median.jpg......

Is this ticket appealable?
I don't want to drive down to NH which is an hour away for a case I can't win, on top of court fees, and a few hours of work..

Thanks all, appreciate the help!

 

[mightymoose]

Give the vehicle code which you were cited for.
Unless there were signs saying that you ca not turn around there, then I don't see the problem with it. The code on the citation might shed some light.
Also, if the officer that cited you did not witness the violation then you might also have a good argument... I'm not sure either why you would be stopped more than 5 minutes later. The officer not witnessing the violation plus the lack of signs forbidding the turn make a pretty argument for you.

 

[ryker]

Thank you for the quick reply mightymoose. Code is..265:26. Again state of the ticket is NH.

 

[mightymoose]

Sorry- It appears that NH just has a dumb law. The picture shows a clear opening, and there are not any signs saying that you can NOT use the lane to turn around.... however the language of the law is clear, and according to it you should not have turned around there.
You still might have something though. Why did it take so long to stop you? Did the officer see you do it? Did you make any statements admitting to it? If you wanted to go to court to argue that point- that the officer did not witness the violation, then you could certainly give it a shot. I think the chances are probably pretty slim though... as you likely made some statement to the officer and admitted you had crossed.
Otherwise, take your lumps and pay the $150. Here is the text of the law:

265:26 Driving on Divided Ways. –
I. Whenever any way has been divided into 2 or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or intersection as established, unless specifically permitted by public authority.
II. With the exception of any state, federal, county or municipal vehicle or any agent thereof, operating in furtherance of their official duties or any vehicle in an emergency, no vehicle shall be driven to the right of the unbroken painted line marking the barrier between the travel portion of a divided way and the emergency breakdown lane, or to the left of the unbroken painted line marking the barrier between the travel portion of a divided way and the dividing space or barrier.
III. The fine for a violation of this section shall be $150.

 

[ryker]

I actually never admitted it. I didn't even know what a median is. I had to search it up after I received the ticket.

 

[mightymoose]

Well in that case... do what you can to find out why the officer made the stop 5-10 minutes later. How did he know what you had done? How does he know it wasn't a different vehicle? were there cameras? Did someone call it in? Does the state law allow him to cite for something he did not see?

If you have made no admission, should you go to court and argue that you didn't cross the median, how will the officer prove that you did?

 

[ryker]

How should I go approaching this? Should I go in denying that I did this? Or should I admit that I did it, but feel I should not be held liable since I was pulled over roughly 5-10 minutes later? Should I also state that I had no idea what a median was until I received the ticket after?

 

[jharris352]

I would just pay the ticket, it may not even be a moving violation that will affect your insurance.

 

[mightymoose]

It is the officer's job to prove that you did it. The time frame suggests that the officer was not there to witness when you crossed, so what information was the officer acting on when he stopped you? Is there another crossing area near where you were stopped? Did the citation specify the location where you allegedly crossed?
The officer will have to answer the when/where/who questions... and likely can not honestly do so if he did not witness you do it.
Not knowing what a median is won't help you. If you go in to court and make an issue of the 5-10 minute delay then you will essentially be admitting that you DID cross.
if you want to fight it in court you simply plead not guilty and when given the opportunity ask appropriate questions to determine what the officer saw and how he determined the citation was justified. Ask specific questions about when and exactly where the violation occurred. If the correct location is given, ask why you were stopped so far down the road afterward. Did he actually see it happen or not?

If you have the time to go to court over it you might be able to make it go away. It won't be easy since the judge will tend to side with the officer- but if you can raise significant questions that make the whole thing look suspicious WITHOUT slipping up and admitting that you crossed- you might beat it... maybe. I would try it.

 

[mightymoose]

I would just pay the ticket, it may not even be a moving violation that will affect your insurance.

Good point- if it does not effect your insurance then it ill probably cost you less to just pay it... by the time you factor in the round trip drive and lost time at work it may be the cheaper option. Any effect on your insurance is worth fighting though since it will last a few years.

 

[ryker]

As for the location, he did write this down..he also wrote eb/wb next to the router number. What does the eb/wb stand for?

Also how does this appeal process work? Do I go in an ask my questions right away? Or will I be asked first? Since he did write the location, I don't have much to use besides the time factor and why it took him so long...

And if pleading not guilty, I have to write a written appeal. What should be on this written appeal?

How do I know if it will affect my insurance rates? The car I was using was not registered under my name and I do not have any cars registered under my name. However as long as I do not, my points will stay the same as stated by the law in my state, so it would still affect me if I did pay off the ticket that may/may not affect my insurance.

Thanks!

 

[mightymoose]

eb/wb is eastbound/westbound

You don't have anything to appeal until your matter makes its first trip through court and is decided one way or the other.

Don't worry too much about procedure... it is traffic court- you aren't expected to know the law inside out. Just make sure you don't admit anything and ask the questions you need to when given the chance.
Your questions would be along the lines of-
Did you witness the violation?
If so, why did you wait until x miles down the road to make the stop? (reference miles from the location, not elapsed time. You wouldn't know the time if you hadn't actually done it)
If not, what information were you acting on when you made the traffic stop?
You just need to paint a picture that casts doubt on what the officer witnessed, if anything, and see what his justification is for stopping you so far down the road. That is a significant distance to travel if he had actually witnessed the violation.
Is it possible he mistook another similar vehicle for yours? How did he identify it?

That said- contact the DMV and find out if that violation is counted as a moving violation. If so, it likely effects insurance.

There is also the possibility that you can take traffic school (which you also have to pay for) if you pay the fine. Traffic school would keep the citation off your record as well.

It is totally up to you if you want to fight this in court or not. It seems to me you might have reasonable arguments to make... however, you DID commit the violation, even if it is a dumb law. If in the end your loss will be about the same if you just pay the ticket... why not just pay it?