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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4491
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I received a ticket for disregard for traffic device, road

Customer Question

I received a ticket for disregard for traffic device, road closed. I was following another vehicle and they turned in a private drive. The police officer let me continue the way I was going after he issued me a ticket. What can I do?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
<p>Hello.</p><p> </p><p>There should be a way that you can sign the back of the ticket to request a hearing and mail it in. At that point, the court will mail you notice of a trial date for you to go contest the ticket. Since the closed road was the only way to the private driveway you were going to, you can argue a necessity defense--that is, you had to go on the closed road to get where you were going. If the judge acquits you, you won't have to pay the ticket. And even if you lose, the judge may give you a reduced fine if you ask nicely, so it's usually worth going in and fighting the ticket, especially if your driving record is not bad.</p><p> </p><p>Hope this helps.</p>
Customer: replied 8 years ago.
I was not going to a private driveway. The vehicle in front of me did. The road was a major roadway that is used for everyday traffic. The police officer was rude at first then became nice at the end. I was able to procede all the way through what was closed with no problem. I am trying to understand where the disregard for traffic device is?
Expert:  Hammer O'Justice replied 8 years ago.
The disregard for the traffic device was the fact that you proceeded on the road with the Road Closed sign (the sign is the traffic control device). I'm guessing the car in front of you was allowed to go through because when a road is closed, it is usually still open to local traffic. The fact that you could still get through it doesn't negate the fact that there was a sign that you didn't follow. You could still request a hearing and ask the judge to cut you a break on the fine, though.