How can I fight a failure to single intention (failure to use directional/blinker ticket) ?

Question

I was driving in a lane that became a left-turn must turn left lane. The lane is clearly marked, there is no questioning it was a left-turn must turn left lane. I stopped at a red stop light. The light then turned to a green left arrow. I turned left. I completed the turn, and then was pulled over by a cop that was apparently behind me before I turned. It was dark, so I had not noticed him. I was fined and given a ticket with 3 demerits for not signaling before I turned left in the left-turn only lane. I had no record period. Not even a warning. I am not downplaying this event at all. I don't want people raving about how I am guilty or lazy for not signalling. What's done is done. So just don't waste your time telling me that. I want to know how to form a defense agaisnt this ticket, as I will be going to court to fight it. What can I use for a defense? I only want suggestions... Don't freak out on me and leave lectures... You have better things to do with yout time--I hope :)

State: I was ticketed in New Hampshire.
Conditions: Clear, night, dry road.

Alright... I don't care about the money. It's $43.20. Who cares! I'm concerned about the points. If guilty 3 points on my license that stay for 3 years. Also, if I get another ticket in three years, that can be suspension of license. I just care about the points.

Money is irrelevant! Even if it was $500, I wouldn't care. I would just pay. I CARE ABOUT POINTS! Also, I don't want "it can't be done." If you have a defense give it; otherwise leave me alone! What is up with this site?!?

Furthermore... If I'm wrong, I'm wrong. I already filled a "not guilty" plea. So at this point, regardless of the consequences, I'm committed to going to court.

I know that some states only require you to signal if it effects another car.

It was left-turn only lane! Where else was I going to go? RIGHT! STRAIGHT? OR MAYBE MY CAR WOULD JUST TAKE FLIGHT and I would fly to a magical land where people are actually nice and try to help people instead of just berating them!

Answer 1

Thank god that cop was their and busted you. how hard is it to flip that handle and let others know what your intentions are.
If you had developed good driving habits you would have signaled reguardless of the situation, you dont signal, and you got caught..........

Answer 2

Unless you have a releiable witness, you don't have much of a chance. And, by witness, I mean someone who is not your husband's wife. It starts of as a "his word against a cop's word." That already works against your husband's case. Add to that the fact that the officer MAY have had a video recorder running and it looks even worse for your husband. Here's the problem regarding the video. Your husband will have to enter a plea BEFORE he will have access to the video. They are NOT going to let you husband see it, and THEN decide if he is guilty or not. At your first court date, pretty much all that will happen is that he pleads guilty or not guilty. With a guilty plea, your husband can explain what he can about the situation, but the plea will stand. If he peads not guilty, then the judge won't listen to ANY explanations or excuses. All that will happen is thay your husband will get a trial date, some time in the future. Only THEN will your husband have access to any evidence the police may have. By the way, NOT having a video of the incident is NOT considered reasonable doubt. Don't forget, there is STILL the offficer written statement that he SAW the violation with his own eyes. In court, if your husband is found guilty, whether because of a video or the officer's testimony, he will be liable for the maximum fine, PLUS associated court costs. Not to mention the attorney cost, which he'll have to pay regardless of the outcome. Yes, IF the officer doesnt show up for the TRIAL, the charges MAY be dismissed. But that's a big "if." Is it worth the time, effort and cost to take that chance? ESPECIALLY on a case that is stacked heavily against your husband?

Answer 3

Why fight this when you know you are guilty? The cop saw you were not blinking and the law says you must signal.

You could try pleading nolo and tell the judge you thought signaling from a dedicated turn lane was not required. Maybe he will take that plea and it will not turn up on your record.

Answer 4

1=Take a few pictures of the area pointing out the signage and how its clearly marked as a turn lane.
2=Hire a lawyer to get the the ticket moved to a non moving violation.= = probably $250.+the fine
3=Officer might not show but is likely they will.
4=Did the lever not engage all the way and you thought it was blinking when it really wasnt blinking.
(ie: You slightly turned your wheel and the blinker popped right back into resting position.
But the easiest is to pay the lawyer or ask the judge for community service in place of the points.

Answer 5

To me it doesn't sound like you have much of an argument. You can only hope the officer is not in court, then it should get dismissed (in my county anyway...). If you say your signals were out, there's hand signals, so that won't work. Generally here, if you plead guilty and have a clean record, they give you a couple months supervision and it doesn't go on your driving record, plus a fine.

Answer 6

YOU MUST USE A DIRECTIONAL SIGNAL ANY TIME AND ANY WERE BEFORE AND DURING THE TURN !!!!

I guess that by the same logic you don't stop at a stop sign if you drive on a country road and there is no one driving around
these offense are absolute offenses there can be no defense

if its in the book the cop may write a ticket

but maybe you'll get lucky

sorry

Answer 7

Kevin, while I sympathize that you don't want the points against you license, if the officer shows you are going to take the points.... But I want to be clear about something else.. you come into my house break the rules and believe you are not responsible for the consequences of your actions? Do you believe other people can read your mind and know your intentions or are you afraid that if you turn the signal on you might be committed to that maneuver? Lets put this another way... at Kevins office there are rules, one of the rules is don't sit in Kevins chair. But TTD comes in and sits in Kevins chair . The rules were explained in the Interveiw to get into the office and are posted but TTD did it anyway am I not responsible?

Answer 8

Sorry, but you didn't use your signal. I really don't know what kind of defence there could possibly be for ignoring such a basic thing, something that should be such habit you do it in parking lots, and on deserted country roads. All you can do is plead guilty, apologize for your momentary bout of stupidity, and hope the court takes mercy and mitigates the punishment. In Manitoba, for instance, we can be punished, at the discretion of the magistrate, with a reprimand, pay the court costs, and have no points.

Answer 9

You probably won't win if you fight it, but if you want to try, try. As for the points on your record, do they have traffic school where you live? If they do, you can pay a fee to attend traffic school and the violation will not go on your record. Next time, just signal.

Answer 10

Depending on what you told the officer, tell the court, the signal wasn't working, and you had your arm out to signal your intention. If it works, then it's just a non working light, but not a moving violation.
If he was looking at your light, and it being dark, he would not have noticed an arm sticking out.