05-14-2008, 07:24 PM
Don't be pessimistic...
Friends of mine got a very simillar ticket for riding their 4-wheelers on an area of beach where it was restricted...
The signage was placed so that a reasonable person, taking a reasonable course, could NOT see them. Not "might miss them", but couldn't see them.
The judge agreed that the even though "ignorance of the law is no excuse", signage placed to alert the public has to be visible and the test of a "reasonable person" being able to interpret the signage has to be applied.
They got the fine reversed.
In my opinion, a sign placed 15 feet away, with no other indication that it does NOT apply, based on the "reasonable person" approach, has to assume that that's the sign to comply with.. not the sign 200 feet away with it's back to you.
Friends of mine got a very simillar ticket for riding their 4-wheelers on an area of beach where it was restricted...
The signage was placed so that a reasonable person, taking a reasonable course, could NOT see them. Not "might miss them", but couldn't see them.
The judge agreed that the even though "ignorance of the law is no excuse", signage placed to alert the public has to be visible and the test of a "reasonable person" being able to interpret the signage has to be applied.
They got the fine reversed.
In my opinion, a sign placed 15 feet away, with no other indication that it does NOT apply, based on the "reasonable person" approach, has to assume that that's the sign to comply with.. not the sign 200 feet away with it's back to you.