New York Vehicle and Traffic Law 153 defines a traffic control device as all “signs, signals, markings, and devices... placed… for the purpose of regulating, warning, or guiding traffic.”

Here is a list of many traffic control devices: 

-Stop signs
-Yield signs
-Speed limit signs
-‘Do not pass’ signs
-‘No turn’ signs
-‘Do not enter’ signs
-‘Keep right/left’ signs
-‘One way’ signs
-‘No U-turn’ signs
-‘No turn on red’ signs
-Traffic lights
-Lane use control lights
-Edge and lane lines

According to New York Vehicle & Traffic Law Section 2335, insurance companies are permitted to increase their client’s insurance rates if the client committed “two or more moving violations” of any variety. That means that, while your insurance policy can’t raise your rates for this violation alone, if you have just one prior violation on your record, this ticket could tip you over the edge and force you to pay higher rates. 

Considering the fines, points, and insurance fees that can come with disobeying a traffic control device, it makes sense to fight this type of charge. Fortunately, subdivision (b) of the traffic control device law contains some useful language to help you do so. This section says that the charge cannot be enforced if the device was “not in proper position and sufficiently legible” at the time of the alleged violation. So, if you were charged for failing to obey a stop sign that was blocked, damaged, or in any way illegible, you have a good chance of fighting it. Not only do signs need to be in proper position and sufficiently legible: The arresting officer must be able to prove that they were so at the time of the alleged violation. 

In the case of People v. Cooper, a police officer witnessed a driver make an illegal left hand turn off an exit ramp. At trial, the police officer testified to his personal knowledge that left turns were prohibited at that location. However, he was unable to provide any factual information as to the visual details nor the location of the signs that prohibited left turns. 

The court requires the government to prove the following about any sign they claim was disobeyed: 

(i) That it was in place at the time of the alleged violation,

(ii) That it was sufficiently visible and legible to an ordinarily observant motorist,

(iii) That there was no police officer directing traffic,

(iv) The general location of the sign in respect to the intersection which it has been posted to control,

(v) A description of the sign which should include its height above ground, size, shape, color of letters or markings and any other relevant information that distinguishes the sign.

In this case, “even though the arresting officer saw the defendant disobey that device,” he could not provide the necessary proof and the charge was dismissed. 

While that case was successful, there are times when you’re better off accepting the charge. If you are caught speeding, sometimes the officer will issue a disobeying traffic control device ticket instead of a full speeding ticket. In this instance, you are much better off to accept the charge because a speeding ticket can cost up to $600 and will put a minimum of three points on your license, whereas disobeying a traffic control device puts a maximum of 2 points on your record. So, in contrast to a speeding violation, disobeying a traffic control device is a much more lenient charge and you may be better off to take it.  

If you were issued a speeding ticket, a skilled attorney might be able to get it reduced to a disobedience of a traffic control device violation saving you money and limiting points on your license.