Legal question, traffic issue

[lipsplitter39654]

Do any of you knowthe code section or exact law that is violated in the MS Code for someone crossing an interstate highway median? The particular crossing is not marked but others on the same highway are marked "official or emergency vehicles only" The violator was issued a citation for improper turn crossing median by a state trooper. The research I have done shows no such law and only the law that i paste below but keep in mind that there was no traffic control device in place. The story goes this person was traveling north on I55 near vaiden. This person takes medication that has a dieurethic in it and when the urge to urinate hits this person cant wait. There are 2 crossings one on the north side and one on the south side of the rest area. This person was headed north on 55 crosses over the median at the gravel crossing uses the restroom at the rest area goes back south and crosses over the median at the other gravel crossing to go back north. the crossings are not marked with the above mentioned signs and are wide and graveled. the trooper wrote the citation and said he didnt care about the issue of having to use the restroom. he simply stated "this is for the highway patrol to cross and you aint the highway patrol" the other crossings from there to memphis are marked with signs as mentioned above. this person intends to contest the citation and wants to get their ducks in a row. they asked me for advice but i am not an attorney but researched the law and i cant find anything that is relevant other than the law below which does not apply. this person intends to contest the citation in court next week as a matter of principal not money. Thanks

MISSISSIPPI CODE OF 1972
As Amended

SEC. 63-3-313. Disobedience of official traffic-control devices.

No driver of a vehicle shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.


SOURCES: Codes, 1942, Sec. 8156; Laws, 1938, ch. 200.



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[quackheadbp]

Not much he can do other than just pay it. Just because every crossing isnt marked doesnt give you the leagal right to cross unless you are medical or law enforcement. I understand he had to pee, but you have to put yourself in the troopers shoes. He prolly hears that all the time and hass to just do his job.

Do I think he broke the law? Yes. Could the trooper have handled it different? Maybe, but you were not there to hear the excact words from the troopr either.

Tell your friend to save the embarrasment of losing a silly court battle with a state trooper. Just pay it and be done with it.

[lipsplitter39654]

i understand what you are saying quackhead but where is the law to support this. I worked as a patrol officer, not highway patrol, but as a deputy sheriff and a police officer for several years. I am an academy certified police officer with over 2000 advanced training hours in patrol all the way thru all types of investigations in addition to a criminal justice degree and I cant find the exact MS code to support this citation.I agree i heard it all when I was in a patrol car as far as excuses go. the point I am making is that I cant find the law that states that it is illegal to cross a median as an offense of improper turn. The ticket is checked improper turn with crossing median written in the detail section. just because the trooper wrote the ticket dont make it illegal and you would be surprised how many times their cases are tossed from court as are lots of police officers cases. the issue appears to me to be that there is a law for disregard for a traffic control device, ie caution light, turning illegally, not yielding properly, etc etc but there was no posted traffic control device. for you to be guilty of disregard for a traffic control device there must be a device besides that is not what the ticket was written for. now if it is illegal to cross that area why is it that the next 20 crossings from there to the TN line have the sign and this one doesnt. he actually took photos of all of the crossings from there to memphis and all of them have the signs. its all about principal. the ticket is $129 and it will cost my friend twice that much to miss work and drive up there but it is all about principal to him. he had 3 choices, 1-pee in his pants, 2-pull over on the side of the interstate and pee or hit the rest area. i believe that it happened exactly the way his says because i trust him as much as you can trust a friend. thanks for the feedback

[levi127]

I think this falls in the way of a U-turn.
You have paticular areas in town and around town you can not do a U-turn at. But then farther down their is no sign at all which gives you the right to. Thats how I was told by police officer

I noticed it in destin this year. Every so often you see a no uturn sign but then farther down their is not one.

I just always THOUGHT that the cross on a highway or interstate was for emergency vehicles only. Does a cop radaring count as a emergency vehicle?
But it still doesnt stop me from using them if I passed my exit or something. Some of them jokers have deep holes in them. I got stuck crossing one a couple years ago in AR with a carrying hitch on the back of the explorer. Luckily someone pulled me out lol

[ducman77]

Jimmy, if you have your rules of the road book from the police academy I think I remember a statue. I will look for mine and see if I find the statue.

[Seymore]

I remember from driver's ed many years ago being told that interstate highways are controlled access. Meaning you can't turn around in the median, you have to go to an exit. I also remember the instructor mentioning something about that being one of the requirements by the Feds for a highway to be qualify as an interstate. I could be completely wrong because that was over 25 years ago.

[lipsplitter39654]

i dont have the actual book any more but i looked at the one online and could not find. i may have missed it but i think it falls under the disregard for traffic device which is what the signs are in place for. i am not trying to be difficult and appreciate yalls feedback but i know that there is a ms code section for every traffic offense and would like some clarification. thanks

[ducman77]

What was marked on the ticket? DTD?

[Seymore]

63-3-13 No driver of a vehicle shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer

I've seen signs posted stating do not cross. I don't think there are signs at every one of them but I know I've seen them.

63-3-301 The commissioner of public safety shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway Officials.

I believe this law says the state will follow the procedures set out by the American Association of State Highways. I'm not going to dig any further than this because I think I've found enough to let me know it's not supposed to be done. Don't know why I really started looking all this other than it seemed challenging.

[ducman77]

That statue could be used. I'm sure there are a couple statues that overlap each other.

[Smoke68]

That statue could be used. I'm sure there are a couple statues that overlap each other.

If you can use any kind of statue to get you out of this, please let me know how you pulled it off! I'll have to get me one....

[lipsplitter39654]

Huh

[dukhntn]

Huh

I believe he is making light of the fact that he used the word statue, and not statute.

[ducman77]

Some people just need their booty kicked daily and he is one..

[JCOOLEY]

Look at 65-5-19