Does anyone have a sample discovery package I could use?
My thesis here is that this is a deliberately engineered (or accidentally discovered and exploited) entrapment/revenue scheme.
Summary of Facts / Video Link
I was issued an "obstructing traffic" violation in North Bergen, NJ (NJ 39:4-67) based upon making an improper left turn (after waiting out a red light) into a shopping mall.
I posted a video taken shortly after I was stopped which shows two other cars in the span of two minutes making the same turn.
(See video at 21 seconds and at 1:45 seconds)
https://youtu.be/A0jvv2uCuhM
This is a four-way intersection with the enforcement against only the turn going into the shopping mall at a red light (as seen in the video)
Of the 9 possible turns at that intersection, only 1 of these 9 turns is the subject of the enforcement.
The signage is poor and easily missed for several reasons:
---(1) The "no turns" sign on the side is obscured by other traffic and not seen by a motorist properly driving in the left lane with an intent to turn left; and
---(2) the elevated "no turns" sign at the top of light is not sufficiently conspicuous to overcome glare late in afternoon; and it blends in too easily with the back sides of other signage intended for the opposite direction of traffic.
The first response I received when I asked an officer about this was that "the guy who lives across the street complained about cars idling at the light to turn into the shopping mall"
Editorial
From the video, it looks to me like the police are "shooting fish in a barrel"
This strikes me as an opportunistic way of generating revenue.
It is NOT the relatively small $54 fine for the city that is the problem.
It is the motor vehicle violation which factors into motor vehicle insurance underwriting.
From my research with Geico and Progressive, I'm estimating that this single violation will cost me a minimum of $92+ in additional premiums each 6 months for three years - That's roughly $600 or more.
In addition to the insurance consequences, this will also remain in court record searches for years - which potentially maligns one's character in the context of background checks.
(Regarding the insurance impact, this might be something new. I think a whole range of these minor violations were not being considered by the motor vehicle insurers just a few years back)
Discovery / Legal Theories?
I'd like to defend this based upon any and every plausible legal theory - but I think the main theory is:
This is an illegitimate scheme driven by motivation to generate revenue.
For discovery questions, the facts / supporting questions to establish this might be:
Are there any other legal theories that might support a defense here?
Does any have general sample discovery forms I could use?
My thesis here is that this is a deliberately engineered (or accidentally discovered and exploited) entrapment/revenue scheme.
Summary of Facts / Video Link
I was issued an "obstructing traffic" violation in North Bergen, NJ (NJ 39:4-67) based upon making an improper left turn (after waiting out a red light) into a shopping mall.
I posted a video taken shortly after I was stopped which shows two other cars in the span of two minutes making the same turn.
(See video at 21 seconds and at 1:45 seconds)
https://youtu.be/A0jvv2uCuhM
This is a four-way intersection with the enforcement against only the turn going into the shopping mall at a red light (as seen in the video)
Of the 9 possible turns at that intersection, only 1 of these 9 turns is the subject of the enforcement.
The signage is poor and easily missed for several reasons:
---(1) The "no turns" sign on the side is obscured by other traffic and not seen by a motorist properly driving in the left lane with an intent to turn left; and
---(2) the elevated "no turns" sign at the top of light is not sufficiently conspicuous to overcome glare late in afternoon; and it blends in too easily with the back sides of other signage intended for the opposite direction of traffic.
The first response I received when I asked an officer about this was that "the guy who lives across the street complained about cars idling at the light to turn into the shopping mall"
Editorial
From the video, it looks to me like the police are "shooting fish in a barrel"
This strikes me as an opportunistic way of generating revenue.
It is NOT the relatively small $54 fine for the city that is the problem.
It is the motor vehicle violation which factors into motor vehicle insurance underwriting.
From my research with Geico and Progressive, I'm estimating that this single violation will cost me a minimum of $92+ in additional premiums each 6 months for three years - That's roughly $600 or more.
In addition to the insurance consequences, this will also remain in court record searches for years - which potentially maligns one's character in the context of background checks.
(Regarding the insurance impact, this might be something new. I think a whole range of these minor violations were not being considered by the motor vehicle insurers just a few years back)
Discovery / Legal Theories?
I'd like to defend this based upon any and every plausible legal theory - but I think the main theory is:
This is an illegitimate scheme driven by motivation to generate revenue.
For discovery questions, the facts / supporting questions to establish this might be:
- The no-turning enforcement scheme was originally precipitated by complaints from a resident about cars waiting at the light - affirm/deny
- There is NO genuine safety issue - affirm/deny
- When was the no-turning enforcement scheme first introduced?
- Provide a copy of the traffic study which supports no-turning enforcement scheme
- Provide the complete list of all violations issued in the past 36 months, inclusive of date and time each was issued (individual names or other identifying information may be redacted).
- What is the total number of violations issued by the town in the past 36 months from all locations?
- Are there any other intersections in the township with a similar or higher rate of violations?
- * If so, please provide the list of violations issued at those intersections on a per-intersection basis
- How many accidents were there at this intersection before this was enforced?
- How many accidents have there been since enforcement began?
Are there any other legal theories that might support a defense here?
Does any have general sample discovery forms I could use?
Traffic Lane Violations: Sample Discovery Questions Entrapment/Revenue Scheme Defense (Improper Turn)
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