NYC Traffic violations

[HighwayMan]

Issue is a turn from center lane to right lane of 5th Ave. Only signage is LEFT TURN MUST TURN LEFT. No lines or anything present.

I'm looking at the Google Maps street level image of 138 St and 5 Ave. This is irrelevant but why do you say 5 Avenue has one northbound lane there - I clearly see two.

I don't see any lines/pavement markings on the ramp coming off of the bridge but that is irrelevant. Pavement markings are not necessary in this case.

Officer told me in a hurry, you can't turn left from center lane...

That's true. If your argument is that there are no pavement markings then you're going nowhere because they aren't needed - when making a left turn one must be to the far left of the roadway. However, the issue here is that you WERE NOT cited for an improper turn. You WERE cited for not signalling your turn.

Other bridge exits in area have signs which notate each lane and where it should proceed, most also have lane markings on the pavement. This is a money maker for the city.

You're being totally ridiculous accusing the city of running some scam. Pavement markings are not necessary to direct traffic properly. If there are three lanes then the left lane traffic may turn left or proceed straight, the center lane traffic may ONLY proceed straight, and the right lane traffic may either turn right or proceed straight UNLESS there are pavement markings indicating otherwise. However, this is ALL IRRELEVANT in your case because (once again) you are not accused of making an improper turn.

 

[HighwayMan]

This is a money maker for the city.

By the way, very little, if any, money from these goes to the city. Almost all of it goes to the STATE unless the violation falls under the New York City Traffic Rules.

 

[jjny]

Sorry, yes, signal on.

 

[You Are Guilty]

OK, so here is the correct intersection for those playing along at home:

http://imgur.com/QYRBt3z
http://imgur.com/AwrcHN0

This certainly does change things, but there are still two issues.

First, if you signaled your turn, then you should not have gotten a failure to signal ticket. But that brings us to the second point, which is you totally signalled an illegal turn. Absent some sort marking or sign to the contrary, a turn must be taken from the lane closest to that edge of the roadway. Left turns from the leftmost lane; right turns from the rightmost.

I know people still make "center lane turns" all the time and get away with it, but (a) it is technically illegal; and (b) people who do that do skip the turn lane traffic are just a-holes who force the people following the law to have to wait even longer to make their legal turn.

But back to the ticket - as long as you can prove you signaled your turn, you should be able to get the ticket dismissed.

 

[Zigner]

But back to the ticket - as long as you can prove you signaled your turn, you should be able to get the ticket dismissed.

Just playing devil's advocate:

If one signals to perform a turn that is illegal, isn't that an improper use of the signal?

 

[HighwayMan]

Just playing devil's advocate:

If one signals to perform a turn that is illegal, isn't that an improper use of the signal?

Not at all.

Based on the OP's ability to describe things here in writing, I'd say he doesn't stand a chance of winning in court without an attorney.

Seems as though the officer intended to write a violation of 1160 for the improper turn but wrote 1163 instead, then used the correct description with the wrong section. I would say based upon my experiences there is a good chance of getting a not guilty out of this but it has to be handled correctly.

 

[jjny]

OK, so here is the correct intersection for those playing along at home:

http://imgur.com/QYRBt3z
http://imgur.com/AwrcHN0
I know people still make "center lane turns" all the time and get away with it, but (a) it is technically illegal; and (b) people who do that do skip the turn lane traffic are just a-holes who force the people following the law to have to wait even longer to make their legal turn.

But back to the ticket - as long as you can prove you signaled your turn, you should be able to get the ticket dismissed.

I travel through this intersection once or twice a day. I'm not an aggressive driver and the time of the citation, there was little traffic. I wasn't trying to get ahead/be greedy. I am paying more attention to this intersection and I can say on a casual observation level that nearly 25% of people making this turn are doing it from the center lane, inclusive of CDL traffic and buses. This, along with faded/missing markings is the reason for this citation. But then again, most people speed an you can't use it as a defense that the guy next to you was traveling at the same speed.

 

[jjny]

Not at all.

Based on the OP's ability to describe things here in writing, I'd say he doesn't stand a chance of winning in court without an attorney.

Seems as though the officer intended to write a violation of 1160 for the improper turn but wrote 1163 instead, then used the correct description with the wrong section. I would say based upon my experiences there is a good chance of getting a not guilty out of this but it has to be handled correctly.

Thank you for your advice based on your experience in the NY/NYC TVB. Now, the question is whether I should retain an attorney to fight this. My record was clean before this since I started driving which is several decades.

Can anyone shed light on the possible economics of this: Say for example that they surcharge my insurance by 10% for 36 mo's. That's at least $300 plus the cost of the ticket which appears to be north of $150. You're up to about $450 for a guilty plea. With the attorney, you pay $XXX (I have no idea) with the possibility of it ending there with a not guilty finding or the costs previously mentioned + the attorney fee.

I found a traffic attorney in the BX who must do a big volume of tickets because he charges $150 for 2 point violations. However that is the BX and I would imagine he makes his pay though scheduling and volume. Are the traffic hearings specific to the boro, or could this be handled at a BX location? Any other suggestions are much appreciated.

 

[HighwayMan]

I'm not an aggressive driver and the time of the citation, there was little traffic.

Neither of those things is relevant here.

...on a casual observation level that nearly 25% of people making this turn are doing it from the center lane, inclusive of CDL traffic and buses. This, along with faded/missing markings is the reason for this citation.

The fact that there are numerous violators might be a reason that this area is targeted for enforcement, but again, you cannot blame the pavement markings, or lack thereof, for anything. The law is very specific - when making a left turn from a one way roadway one must make that turn from the far left side of the roadway.

 

[HighwayMan]

Can anyone shed light on the possible economics of this...

I think it's unlikely that your insurance will increase based upon one minor moving violation. Points are completely irrelevant in your case.

I found a traffic attorney in the BX who must do a big volume of tickets because he charges $150 for 2 point violations. However that is the BX and I would imagine he makes his pay though scheduling and volume. Are the traffic hearings specific to the boro, or could this be handled at a BX location? Any other suggestions are much appreciated.

If you try to get the hearing rescheduled to the Bronx it will just be moved back to Manhattan.

All of the TVB attorneys network with each other and probably charge about the same. I'm sure the Bronx attorney will probably handle the case in Manhattan for you through either a referral or a "proxy".