I was stopped this morning and cited for a right turn on red where prohibited. I did come to a full legal stop and proceeded when clear and safe, but failed to notice the "No Turn On Red" sign. The stoplight is the type that hangs above and in the middle of the intersection. The "No Turn On Red" sign was posted on the pole that supports the boom from which the light hangs - probably about 6 or 7 feet from the light, but at a similar height.
Is it possible to argue that this sign is illegal? Throughout Massachusetts, I see "no turn on red signs" posted at wildly different locations. Will I be laughed out of the magistrates office if I show up and simply argue that the sign was not posted in the proper place and that given my full stop I clearly would have waited if I had seen the sign? Is there a proper place or height for such a sign? I can't find anything in the code.
The fine is only $35 and I have 5 previous years of incident free driving, so I don't believe it will cost me any SDIP points. However, I'm still thinking of appealing to the magistrate, and if necessary to court. I don't like having to start my five year clock over again for such a simple mistake!
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Editor's Response
Here is the language from Chapter 89, Section 8 regarding signs prohibiting right turns on red lights: "and such prohibition shall be effective when a sign is erected at such intersection giving notice thereof."
That language is not particularly helpful, and I do not know of any regulations that require various governments to post such signs in a particular place. If it were me, I would approach like any other challenge of a ticket: I would either hire Massachusetts traffic ticket lawyer, or I would take pictures of the sign and the intersection, go to court, and try to convince the magistrate that the sign is placed in such a way as to limit its visibility (it fails to "give notice thereof") . Good luck.