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Separate and apart from the content of a posted sign, highway demarcation on pavement; hand signals, etc., a traffic ticket may be issued by a law enforcement officer for disregarding the sign or warning itself, hence, the Failure to Yield to a Traffic Control Device ticket which covers a multitude of alleged traffic violations. This traffic ticket is broad enough to cover virtually any sign infraction (stop, yield, one way, etc.) and the alleged failure to conform to pavement markings (double yellow lines, no parking or safety zones, etc.)
There is are statutory presumptions that a traffic control device was placed at its location pursuant to statutory authority and that such a device purporting to conform to lawful requirements does so unless the contrary can be established by competent evidence. Thus, as with speeding tickets and all sign related violations, if challenged by the defense attorney, the prosecution must be able to establish that the sign was properly authorized to be at that location, that it was the proper size and shape, and that it was located at the specific point set forth in the authorization.
Stop signs, u-turn, and yield signs are the most commonly issued traffic tickets under VTL 1110a. This may be because the section is a little easier to prove at trial or, perhaps, subject to gain more leniency from a particular court's stringent plea bargaining rules to benefit the motorist. Either way, this offense carries two points if convicted by pleading guilty or found guilty after trial.
TRAFFIC CONTROL DEVICE (signs, lanes, one way, u-turns, etc.)
This ticket, with others, is commonly issued by county police officers and troopers for height and weight limits relating to structures or bridges. Particularly in Westchester County, where there are very old and low overpasses over the parkways, these tickets frequently issue to truck drivers of semi-tractor trailers who erringly find their way there following GPS directions (sometimes striking the bridges.)
VTL §1110. Obedience to and required traffic-control devices. (a) Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
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