Posted by Bret4207 on November 22, 2012 at 04:19:48 from (64.19.90.196):
In Reply to: mud on the highway posted by bigdiesel on November 21, 2012 at 18:25:47:
NYS V+T 1220 B1 is a specific exemption for agricultural purposes. IOW, mud, chopped corn or hay, etc, deposited on the roadway due to farming practices is not a violation in and of itself. If there was so much mud as to cause a traffic hazard then you were liable to remove it in a reasonable amount of time. Or so I was taught at the NY State Police Academy and as been my experience as a Trooper for over 20 years. You probably got a city boy from Yonkers or Buffalo that wasn't familiar with country life. It happens.
I suggest you appear and plea not guilty at court. I would suggest providing this section as your defense and note it is an affirmative defense for agricultural practices. Also note that no warning or time to remove the mud was given. My bet is if you live in a rural area the Judge will dismiss. If the DAs office is not willing to agree to a dismissal or if the judge isn't inclined to dismiss then you have the option of a trial.
FWIW- it's always a good idea to remove anything that can cause damage from the road that results from farming. It' may not be "illegal" to leave mud, but if Myron Faberwinkle, Esq., wrecks his Beemer trying to avoid your cow crap in the road, he can and likely will sue.
What County did this occur in?
This post was edited by Bret4207 at 04:20:28 11/22/12.
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