Can improper or poor signage get you out of a traffic ticket?

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Can improper or poor signage get you out of a traffic ticket?

I made a right turn on red (legal unless otherwise marked). After turning, an officer pulled me over and ticketed me for turning right on red where marked illegal. I returned to the intersection later and found a “No turn on red” sign about 15 feet behind the white line marking the intersection. It’s not visible when at the intersection. I didn’t see it the first time I stopped. Can I use this as a defense?

Asked on July 5, 2011 under General Practice, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can show up in traffic court and argue as your defense that the "no turn on red sign" was not visible from where you made the turn as a defense. Whether or not the judge agrees with this depends upon what evidence you present to support your position.

It is probably a good idea to show up at court with photographs and a video tape proving you point.

What did the police officer say to you about the fact that the "no turn on red" sign was not clearly visible when he was ticketing you? Did you have any passengers in the car with you at the time who could be a witness for your defense?

Good luck.


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