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Traffic Violations

Of all the ways that you can find yourself being pulled over for a traffic violation in New York City, including speeding, or talking on a cellphone, or any manner of illegal turns or lane change violations, the most common reason has to do with violations concerning "traffic control devices". But what is a traffic control device

Although the term may sound somewhat technical, it's actual definition is fairly simple: according to the Manual on Uniform Traffic Control Devices, such a device is a signal, sign, marking, or other device that has been placed on or adjacent to the roadway by an official or a public body having the authority to do so. In other words, stop signs, yield signs, speed limit signs, signs directing traffic flow, no passing signs, one-way signs, no parking signs – in short, most any sign you see directing or restricting traffic, including the temporary orange signs often seen in connection with construction or road repair activity – are traffic control devices.

The New York law requiring you to comply with traffic control devices Is Vehicle and Traffic Law section 1110. This law contains presumptions that such devices have been placed properly by appropriate lawful authorities; what this means to you is that if you are cited for a traffic control device violation then it is up to you to prove that such a device did not legally belong there.

The best way to avoid a ticket for a traffic control device violation is to be vigilant at all times when you are driving. Failing to see a traffic control device is only a defense when the device is not in a proper position and sufficiently visible so that an ordinarily observant individual would see it. Taking your eyes off the road even momentarily and missing a traffic control device is no defense.

There are other possible ways to defend against a traffic control device violation citation. Rather than covering them all here, it is a good idea to speak with an experienced attorney.

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