142 Misc. 2d 973 | New York Justice Court | 1988
OPINION OF THE COURT
Defendant was charged with the traffic infraction of disobeying a traffic control device in violation of section 1110 (a) of
Defendant moved to dismiss at the end of the People’s case on the ground that the People had failed to make out a prima facie case of a violation of section 1110 (a) and had failed to identify defendant as the driver of the offending vehicle.
Section 1110 (c) and (d) of the Vehicle and Traffic Law contain two presumptions relating to traffic control devices. Under subdivision (c), whenever traffic control devices are placed in position approximately conforming to the requirements of the Vehicle and Traffic Law, it is presumed, in the absence of competent evidence to the contrary, that the sign was so placed pursuant to an official act or lawful authority. Subdivision (d) provides that the devices themselves, when placed pursuant to the provisions of the Vehicle and Traffic Law and purporting to conform to the requirements for such devices, are presumed to comply with the requirements of the law, unless the contrary is established by competent evidence. The purpose of these provisions is to avoid the necessity of proving strict compliance with the requirements for posting of traffic control devices through a showing that the signs in question substantially comply with those requirements and provide fair notice of the traffic regulation. (People v Lathrop, 3 NY2d 551, 553 [1958]; People v Cooper, 112 Misc 2d 277 [Justice Ct, Town of Rhinebeck 1981].)
As authorized by section 1680 of the Vehicle and Traffic Law, the requirements for turn prohibition signs are found in the New York State Manual of Uniform Traffic Control De
Defendant contends that the People were required to prove that no police officer was directing traffic at the intersection. Under section 1110 of the Vehicle and Traffic Law, the directions of a police or traffic officer take precedence over the instructions of a traffic control device. Officer Lattin’s testimony was that he was able to observe the intersection and saw defendant’s vehicle turn left contrary to the sign. The court infers from this testimony that no other officer was present giving such instructions. Moreover, this is a matter which is in the nature of a defense rather than an element which the People must prove.
Finally, defendant contends that the People did not properly identify either the defendant or her vehicle in the record. Patrolman Lattin testified that he recognized the defendant in court, although he did not point her out. Defendant’s counsel argued that this was a failure to identify the defendant since there were two women in the courtroom during the trial. In People v Klepper (25 NY2d 46 [1969]), the Court of Appeals held that when the record of a traffic infraction contains the full name and address of the defendant, his or her date of birth, the operator’s license number and date of expiration, and the registration and ownership of the vehicle, a prima facie case is made out even if the police officer is unable to identify the person he ticketed. In the present record, the simplified traffic information contains the defendant’s name and address, date of birth, operator’s license number and date of expiration, and the registration number and description of the vehicle. This, together with Patrolman Lattin’s testimony
Defendant’s motion to dismiss the charge is denied. The court finds defendant guilty and imposes a fine of $25 plus a $10 surcharge.