My day in court
I arrived a few minutes before 9:00 AM at the Waltham District Court and got the last parking space behind the building. I passed through the metal detector and promised to keep my cell phone turned off. I had forgotten to bring the instructions they had mailed me, so I wasn’t sure at first where to go. Fortunately, I found my name on a piece of paper tacked to the wall and made my way up to the Second Session. It was an honest-to-God courtroom, and not, as I’d expected, a little hearing room in the basement. The judge’s bench featured a large black leather chair, a row of black leather-bound law books, and a black Dell computer monitor. We offenders were seated on benches in the back of the room, behind a wooden railing, waiting. A few names were called by a uniformed officer seated in the witness chair. He asked them a few questions and sent them back to their seats. Three other uniforms sat on the side. We waited some more.
Around ten after nine an unrobed man came in, positioned himself in front of the judge’s bench, introduced himself as Mr. Finucane, and explained what was going to happen this morning and what our rights for appeal were in the event that we did not agree with his decision. He swore us in en masse. Then the cases were heard. Mine was third, and up to that point the defendants were zero for two.
A police officer – not the one who had stopped me – read the charges against me. But I had come prepared. I explained that no law prohibited what I had done, and I told Mr. Finucane I had a video recreation of the events in question. He called me to his bench and had me play it, asking me to adjust the screen at one point so that the cop could see it. This is what they saw: (NOTE: This video was uploaded to MSN Soapbox, which is being shut down on August 31, 2009. After that date, the video will no longer be accessible)
As the video played, I pointed out that the traffic light ahead of me had stopped all oncoming traffic and so it was perfectly safe for me to make a left turn. I also pointed out that the entrance into the parking lot was only slightly obstructed and that no U-turn or other unusual maneuver was required for me to enter.
I informed Mr. Finucane that I also had still photographs if he wanted to see them. He declined. I stepped back. He asked no further questions but proceeded to announce the verdict: “I find you responsible …” I was stunned. I immediately announced my intention to appeal. As I signed the requisite form the cop said to me “You know, sir, there’s a traffic island there that’s intended to prevent you from making a left turn at that spot.” “But there’s no sign telling you that you can’t,” I said, “I know that know.” The cop laughed.
I had to pay $50.00 in cash to get the appeals process started. Yes, I’m paying $50.00 to appeal a $35.00 ticket. But the true cost of a moving violation is much larger than the face value, because it affects your auto and umbrella insurance premiums.
My appeal will be heard in six to eight weeks. Free the Watertown One!
Comments
Comment from Boston Mamas
Time July 14, 2009 at 10:40 am
Fighting the good fight! Go you! 
-Christine
Comment from KB
Time July 14, 2009 at 12:10 pm
Sorry, but as far as I’m concerned, you obstructed the lane you were in and turned across a double yellow line. That’s a legit ticket regardless of the result of your appeal.
Comment from Billy
Time July 14, 2009 at 12:16 pm
umm… you were clearly wrong there… crossing a double yellow line, crossing two lanes of traffic, entering into a turn only lane that is obviously only meant for those coming from the other direction. google maps easily shows how you were wrong:
http://maps.google.com/maps?hl=en&ie=UTF8&ll=42.36295,-71.15824&spn=0.001421,0.002411&t=h&z=19
as well as the street view:
looks like aggressive and impatient driving to me
Comment from Ryan
Time July 14, 2009 at 12:29 pm
Billy you were in the wrong spot. he is here.
http://maps.google.com/maps?hl=en&ie=UTF8&t=h&ll=42.363128,-71.160413&spn=0.00091,0.001725&z=19
Comment from Ryan
Time July 14, 2009 at 12:31 pm
Billy i’m sorry you were right. Although it sucks you got a ticket that is essentially a U-turn across a double yellow line and they rarely allow that
Comment from david
Time July 14, 2009 at 12:32 pm
Billy: OUTSTANDING detective work in identifying the intersection in question! 8^) But Billy and KB, the RMV’s Rules of the Road say: “Two solid yellow lines prohibit vehicles moving in either direction from crossing the lines to pass another vehicle. You may not cross these lines unless turning left when it is safe to do so.” In my opinion, it was clearly safe to do so, and absent specific signage indicating that no left turn is allowed I don’t think it was reasonable for me to know that the left turn there was illegal. Inadvisable, maybe, but not illegal.
Comment from Billy
Time July 14, 2009 at 12:50 pm
i dont know the law exactly david, so thanks for pointing it out. that being said, you know you should not have made that turn considering how the island is laid out blocking left turns. i know what they say about assuming, but i think it is safe to assume that kind of turn would not be allowed, and certainly inadvisable as you admit
Comment from Mike
Time July 14, 2009 at 1:10 pm
Strange — I was under the impression that most moving violations are voided if you happen to show up to traffic court on time and behave politely. But maybe my impression relates more to Boston and/or Cambridge…
Anyway, I second the comments made above that you appear to have been making a U-turn, not a left-turn, because of the way that traffic island stuck out a little bit; maybe a “J-turn” is a better description of what you did. And U-turns are not allowed across a double-yellow-line.
Comment from david
Time July 14, 2009 at 1:17 pm
OK, you haters. 8^). The citation I was given said I’d violated MGL Chapter 90, Section 14. (http://www.mass.gov/legis/laws/mgl/90-14.htm) I defy you to point out the part of that law that I violated. And I swear under oath that there were no horses, cows, or draft animals of any kind present at the time.
Comment from Ryan
Time July 14, 2009 at 2:36 pm
Not only did you break the law the first time, but you had the audacity to break the law a second time and record it. That’s a solid double line buddy, and I suggest you retake the MA drivers test or consult the handbook if you don’t remember the laws saying it’s a big no-no. You’d be failed on the spot for doing that.
Please, please, please appeal this and report back your findings. It’s not every day you see this type of unintended humor!
Comment from david
Time July 14, 2009 at 2:46 pm
Ryan, show me where it’s written that what I did was wrong. People cross solid double yellows all the time when making left turns. It’s perfectly legal. The only question here is whether the traffic island by itself is the legal equivalent of a no left turn sign. I say it ain’t. If anyone can find a specific law, regulation, or even written guidance that addresses this situation and condemns my behavior, I’ll drop the appeal.
Comment from Chris Helms
Time July 14, 2009 at 2:51 pm
Hi, this is Chris Helms, editor of the Watertown TAB. I embedded your video on our blog after seeing it on Universal Hub. Good luck with your appeal?
http://blogs.townonline.com/watertown/2009/07/14/evidence-of-a-perfectly-safe-manuever/
Pingback from The Schrug » The scene of the crime
Time July 14, 2009 at 3:33 pm
[...] am loving the debate about my alleged traffic violation. I’ve been picked up by UniversalHub and even “the [...]
Comment from Billy
Time July 14, 2009 at 3:37 pm
normally, to be permitted to take a left turn across double yellow lines you have to be entering a private residence or business, otherwise there would be a break in the lines as shown here to turn onto a street: http://maps.google.com/maps?hl=en&q=provincetown+ferry+barnstable&ie=UTF8&ll=42.364468,-71.180431&spn=0.001421,0.002411&t=k&z=19
so ryan, while i agree that david is wrong in what he did/is doing, since the mall area is private i can see how he didnt break that law. regardless, david, it is obvious that the island is there to stop you taking that left, you tried to save time and got caught doing something wrong. my fear is that if you when this appeal we are going to waste money by having to go and mark every spot where people aren’t allowed to take lefts but will because “there was no sign”
Comment from Ray
Time July 14, 2009 at 6:38 pm
The fact that he doesn’t turn left along the right of the center line of the intersecting roadway seems to be the real issue. Your turn is an S, not an L. The statute you were cited for violating clearly prescribes a turn you cannot make at that “intersection” because of the traffic island. Its needlessly pedantic to insist on a sign when a slab of concrete already exists to block you. You claim the island only applies in the other direction, but a person ignoring it needs only replicate your move into the lane to get around it, so why do you think that makes sense?
Comment from david
Time July 14, 2009 at 7:28 pm
By the way, with regard to U-turns, allow me to repost a comment I just made on the companion blog piece:
If it wasn’t a left turn (which I still say it was), then it must have been a U-turn, right? Here’s what the RMV says about U-turns (also taken from chapter 4, hyperlinked above):
“A U-turn is a tight left turn that puts you in the opposite direction in which you were just traveling.
Unless a NO U-TURN sign is posted, you are allowed to make a U-turn as long as your path is clear and it is safe to do so.
• You may only make a U-turn from the lane closest to the center line.
• Make sure you have enough room to complete the turn. Do not create a hazard for oncoming vehicles.
• Do not attempt a U-turn at the crest of a hill, near a curve, or at any other point at which you or other drivers cannot see from 500 feet away.”
There is nothing as far as I can see about U-turns that cross double lines. And while you must make a U-turn FROM the lane closest to the center, the guide is silent as to what lane you should end up in. So I could legally have made a U-turn into the right-most lane on the opposite side of the street and then made a right turn into the parking lot.
I searched the Mass. General Laws for “u-turn” and “u turn” and got no results.
Comment from Steve Noel
Time July 14, 2009 at 10:22 am
Good for you. I buckled and just paid my BS ticket.