Hello.. I have a wee question that your experience might be able to offer some perspective for? I received a traffic ticket for failing to obey police traffic direction under section 123 MVA.
The Approach
I approached 2 police vehicles in a meridian with a car parked between them. I slowed my vehicle and moved to the right to allow passage of an ambulance if necessary. The officer was standing at the side of the first vehicle, front wheel. He was difficult to see because the vehicle's lights shone into approaching traffic.
Officer's Traffic Direction
As I approached, he made a hand gesture at his side. I interpreted the gesture as "slow down". I slowed my vehicle even more. As I drove by a second officer stepped out into the lane and made the typical raised hand stop signal and motioned for me to pull over... which I did.
Getting Pulled Over
The first officer approached and asked if I saw him telling me to pull over. I apologised and told him I thought he was indicating for me to slow down. He asked if I had heard him call out and I replied no as I had the heater fan on high due to the cold temperature. He gave me a citation for failure to obey.
Worth Disputing?
The court date is coming up and I am wondering if it is worth it to dispute it. If I don't dispute it I believe that 2 points will be applied to my license. It is frustrating when a person tries to be cooperative and conscientious and then are penalised.
As a note, the officers on the opposite side of the stop were using the traditional lighted traffic batons to direct the traffic.
Any input or thoughts would be appreciated.
Answer
Police traffic direction
123 If a peace officer reasonably considers it necessary to
(a) ensure orderly movement of traffic,
(b) prevent injury or damage to persons or property, or
(c) permit proper action in an emergency,
the peace officer may direct traffic according to his or her discretion, despite anything in this Part, and everyone must obey his or her directions.
This is a section geared more toward police controlling the movement of traffic on a highway in out of the ordinary circumstances.
What Did the Traffic Direction Mean to You?
The control could include a direction to move somewhere and stop, which brings us back to what you understood the first officer's direction to mean.
What to Tell the Court
You will need to convince the court that you understood the direction to mean what you did, or that you didn't understand what it meant at all and slowed down further in case a stop was necessary.
Is It Worth Your Time?
That is something for you to decide now that you know what the law is and what you can tell the court about the situation.
My article on How to Deal With a Traffic Ticket might be of some help to you.
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