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I received a citation for failure to obey a Do Not Enter sign

 
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  • Answered by:Ely
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Customer Question

I received a citation for failure to obey a Do Not Enter sign and was charged with Obedience to a traffic control device.
I was leaving a gas station and there is not enough markings relative to
not going into that direction. I was entering a state road. There is a sign
marked do not enter but I was not understanding what that was in reference to. I was on a drveway and felt the sign was turned in the direction. Can I fight this summons?

 

Optional Information:
Country relating to Question: United States
State (if USA): Pennsylvania

Already Tried:
I am sending a request for a hearing

Submitted: 312 days and 20 hours ago.
Category: Traffic Law
Value: $28
Status: CLOSED
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Expert:  Ely replied 312 days and 20 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am sorry for your situation. Please tell me what court this is in?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied 312 days and 20 hours ago.

Oley Magisterial Court


District 23-3-03


XXXXX PO Box 18

Oley , PA 19547

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Expert:  Ely replied 312 days and 20 hours ago.

Thank you very much for your reply.

Is the sign that was marked "do not enter" the only sign in regards XXXXX XXXXX road? There were no other markings, correct?

Customer replied 312 days and 20 hours ago.

Yes

Accepted Answer

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Expert:  Ely replied 312 days and 20 hours ago.

Thank you.

At this point, you cannot claim that you did not do this, since you obviously did. Ergo, your best claim here is that the sign is unclear, and that no reasonable driver would have taken this sign to mean that you could not drive down that road due to:

-it being in a strange place that is not reasonably clear that it pertains to that street,
-the way it was facing, and
-the way the other streets around it were laid out.

Truth be told, this is a case by case basis. Under Section 3111, this means that you disobeyed "the rules of the road." So individuals in your situation can argue that the rule was unclear.

Total fine costs if convicted are about $109 and no points on license.

Before you go to court, make sure to take photos/video of the sign from different angles afar and close to introduce in court as evidence!

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeAttorney
Category: Traffic Law
Pos. Feedback: 95.8 %
Accepts: 281
Answered: 7/5/2012

Experience: Private practice

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