Driving Freedoms - National Motorists Association

Spring 2011Driving Freedoms10Two Cases, Two Strategies, Two Victories in Traffic CourtSigns of aCommon-Sense Defenseby Rod, NMA Arizona MemberA friend and I decided on a latenightsupper out. We arrived to findthe restaurant had just closed. Closeby was a fast-food place across a bigboulevard. I headed east after crossingfour lanes to get to the fifth − a leftturn-onlylane. When the left turnarrow switched to green, I pulled a U-turn, and then a right into the fast-foodjoint.Moments later, I was stopped andticketed for the U-turn. I told the cop Ithought U-turns were legal in Arizonaunless posted. He said I was correct,but that the intersection was marked. Iasked him to show me. We walked ½block, and yep, on a horizontal bar overa go-straight lane was an unlit “no-Uturn”sign between two bright trafficsignals.I measured and took pictures thenext day and night. The unlit sign wasseventeen feet off of the ground, thirtyfivefeet to my right. When I made theU-turn, I had concentrated on the trafficsignal on the opposite corner, to myleft. I made an enlarged night photofrom what had been my viewpoint. Youcould barely make out the sign. I wentto court. My friend testified that fromthe passenger seat, he too had no ideathe sign was there.I cited the five fundamental criteriafor regulatory signs in the Manualon Uniform Traffic Control Devices(MUTCD): 1) Fulfill a need, 2)Command attention, 3) Convey a clear,simple meaning, 4) Command respectfrom travelers, and 5) Give adequatetime for proper response.I noted to the court that the signin question failed to meet three of thefive requirements! I introduced mynight photo plus another of an identicalintersection only a couple of miles fromwhere I was cited. That intersectionhad a second “No-U-Turn” sign on theopposite signal post. I stated that if theCity deemed a second sign was neededat that intersection, one should havebeen present at “my” intersection. Ialso noted that if a second signal post isneeded, a second sign should be also.After being found “not responsible”(the judge complimented me),the cop came up and said that after myperformance, he was glad my case wasnot a lawsuit against the city for a crashcaused by a poorly marked intersection!Soon a second “No-U-Turn” sign wasinstalled on the opposite signal post– BUT – only eastbound. The samesituation still exists going west…Exercising My Rightsby Sasha Lanz, NMA Texas MemberAfter checking with the NMAto make sure I was covered by theirTraffic Justice Program if I lost mybattle, I went to my traffic courthearing to fight a ticket for doing 61mph in a 40 mph zone.I thought I was pretty safe, sincethe speed limit posted where I got theticket was 45 mph. If the officer can’teven get the posted speed limit correct,how can we trust him to do the rest ofhis job properly?Besides, I was cited for speedingon a freeway exit ramp, with the 45mph sign within sight of the officer’shiding place. He clocked me in thevicinity of the sign, and if he pushedthe button on the radar gun just beforeI reached his position, 60 mph wouldhave been a legal speed. Surely theywouldn’t convict me for 1 mph over.I was in traffic court before 1:30p.m. along with about 50 other misdemeanormiscreants. The first thing thathappened was dismissal of the chargesagainst everyone in the room who wasrepresented by a lawyer. I didn’t pay tobe represented, knowing that the NMAhad my back if I lost.Several people agreed to deferredadjudication ($150 fee) or probation($180 fee). Four of us were left to goto trial, and it was 4:30pm. The officerwas available, but they still had toimpanel a jury. So they began the hardsell to be tried by the judge, insteadof a jury. That was my preferenceanyway, and the others finally gavein. The judge told the prosecutors toprepare the paperwork, and then sentfor the officer.“Mr. Lanz, please see the bailiff.”So I walked up to the front, where Iwas told that my case was dismissed.Nearly 5:00 p.m. and I had out-waitedthem. I suppose they all wanted to gohome, and looked for the most likelycase to get rid of, or maybe the 40 vs.45 vs. 60 posted speed limit questionwas the key.Perhaps it was that I was the onlydefendant in a suit and tie, carrying abriefcase. I will never know. I didn’tstick around to see how those threeother quickie trials were resolved. •