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Greetings,
I was pulled over and charged with making a left turn into the
rightmost lane of a road with 2 northbound traffic lanes. This road is
often congested at the time of the traffic stop and I had to make an
almost immediate right hand turn off of this road after turning on to
it. If I do not turn into the right hand lane, I am quite likely to
lose my only opportunity to safely enter the right-hand lane before I
have to make my right hand turn. There is often a lengthy right-hand
turn que which would require me in very rapid succession to turn,
change lanes, decelerate from the speed I acquired in making the turn,
and take my place at the back of the que. In addition, it is quite
likely that the persons making the left-hand turn behind me will turn
into the right-hand lane, cutting off any opportunity I would have had
to make a safe lane change after the turn.
I have posted the the specific paragraph that I was accused of
violating. It states that I should turn onto the extreme left hand
lane of the new direction I wish to travel "Whenever practicable".
Utah Code 41-6-66. Turning -- Manner -- Traffic-control devices.
(2) Left turns: the operator of a vehicle intending to turn left
shall approach the turn from the extreme left-hand lane for traffic
moving in the same direction. Whenever practicable, the left turn
shall be made by turning onto the roadway being entered in the extreme
left-hand lane for traffic moving in the new direction, unless
otherwise directed by an official traffic-control device.
It is my position that because of the circumstances of the area
involved at that time of day, making the turn into the left-hand lane
in my case would not be "practicable" and the law therefore gives me
permission to turn into the right-hand lane.
This is how I intend to plead my case. Of course it all depends on how
the Judge interprets the meaning of the word "practicable". I'm not
sure it will be interpreted in the same way as I am interpreting it.
Any other opinions?
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I was pulled over and charged with making a left turn into the
rightmost lane of a road with 2 northbound traffic lanes. This road is
often congested at the time of the traffic stop...
Utah Code 41-6-66. Turning -- Manner -- Traffic-control devices.
(2) Left turns: the operator of a vehicle intending to turn left
shall approach the turn from the extreme left-hand lane for traffic
moving in the same direction. Whenever practicable, the left turn
shall be made by turning onto the roadway being entered in the extreme
left-hand lane for traffic moving in the new direction, unless
otherwise directed by an official traffic-control device...
IANAL but the traffic code you cite implies that making a left turn into the
right-hand lane is legal (this is not universal; for instance, it's not
legal in most municipalities near my home in central OK) but only if
"practicable." The officer and judge will probably interpret this to mean
"you can make a left turn into the right-hand lane if there is little or no
traffic present." You say the intersection was congested; that's probably
why you were stopped and cited. The dictionary definition is friendlier to
your case; practicable simply means that something can be accomplished.
It's probably worth a try to take this to traffic court. Let us know how it
goes.
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On Mon, 23 Feb 2004 18:25:09 -0600, "John D. Goulden"
<jgoulden@goulden.org> wrote:
I was pulled over and charged with making a left turn into the
rightmost lane of a road with 2 northbound traffic lanes. This road is
often congested at the time of the traffic stop...
Utah Code 41-6-66. Turning -- Manner -- Traffic-control devices.
(2) Left turns: the operator of a vehicle intending to turn left
shall approach the turn from the extreme left-hand lane for traffic
moving in the same direction. Whenever practicable, the left turn
shall be made by turning onto the roadway being entered in the extreme
left-hand lane for traffic moving in the new direction, unless
otherwise directed by an official traffic-control device...
IANAL but the traffic code you cite implies that making a left turn into the
right-hand lane is legal (this is not universal; for instance, it's not
legal in most municipalities near my home in central OK) but only if
"practicable."
I think it's more likely that it means that you can ONLY make a left
turn into a lane other than the left-most lane if it's NOT practicable
to use the left-most lane. As an example, perhaps the left-most lane
is backed up but the right-hand lane is free.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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Safe Driver wrote:
Greetings,
I was pulled over and charged with making a left turn into the
rightmost lane of a road with 2 northbound traffic lanes. This road is
often congested at the time of the traffic stop and I had to make an
almost immediate right hand turn off of this road after turning on to
it. If I do not turn into the right hand lane, I am quite likely to
lose my only opportunity to safely enter the right-hand lane before I
have to make my right hand turn. There is often a lengthy right-hand
turn que which would require me in very rapid succession to turn,
change lanes, decelerate from the speed I acquired in making the turn,
and take my place at the back of the que. In addition, it is quite
likely that the persons making the left-hand turn behind me will turn
into the right-hand lane, cutting off any opportunity I would have had
to make a safe lane change after the turn.
I have posted the the specific paragraph that I was accused of
violating. It states that I should turn onto the extreme left hand
lane of the new direction I wish to travel "Whenever practicable".
Utah Code 41-6-66. Turning -- Manner -- Traffic-control devices.
(2) Left turns: the operator of a vehicle intending to turn left
shall approach the turn from the extreme left-hand lane for traffic
moving in the same direction. Whenever practicable, the left turn
shall be made by turning onto the roadway being entered in the extreme
left-hand lane for traffic moving in the new direction, unless
otherwise directed by an official traffic-control device.
It is my position that because of the circumstances of the area
involved at that time of day, making the turn into the left-hand lane
in my case would not be "practicable" and the law therefore gives me
permission to turn into the right-hand lane.
This is how I intend to plead my case. Of course it all depends on how
the Judge interprets the meaning of the word "practicable". I'm not
sure it will be interpreted in the same way as I am interpreting it.
Any other opinions?
The law does not state for what distance a vehicle must be in that lane in
order to make it a legal turn.
To be correct, you need to turn from left lane to left lane, stop, check
traffic, signal intent to move in to right lane and do so safely.
Perhaps the judge will be lenient with you since it is one of those
situations where laws can not always be abided by.
Where did the officer stop you? On the two lane before you made the right
turn? Or after the right turn?
Could make a difference.
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Safe Driver wrote:
Greetings,
I was pulled over and charged with making a left turn into the
rightmost lane of a road with 2 northbound traffic lanes. This road is
often congested at the time of the traffic stop and I had to make an
almost immediate right hand turn off of this road after turning on to
it. If I do not turn into the right hand lane, I am quite likely to
lose my only opportunity to safely enter the right-hand lane before I
(snip)
I would just like to point out that you
do not "have to" make a lane change.
You may signal for a lane change and
attempt to do so legally, but if you
miss your turn off it's just too bad.
The law does not guarantee that you
will be able to make your lane change
fast enough to get where you want to go.
You may end up where you want, you may
not. It's the "Auto Lotto".
Soooo... That means you must get in the
left lane good and early in "preparation
for making a left turn", and not everyone
driving slow in the left lane is doing so
in order to slow down traffic.
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Bob Stock wrote:
I think it's more likely that it means that you can ONLY make a left
turn into a lane other than the left-most lane if it's NOT practicable
to use the left-most lane. As an example, perhaps the left-most lane
is backed up but the right-hand lane is free.
If the left lane is backed up you
must simply wait until it is not,
and only then may you enter the
intersection. If, that is, the
light will allow you to do so at
that time. (and there are no
pedestrains in conflict,
and so on and so forth).
In Florida it is called
"stop when traffic obstructed"
and it is my understanding (on
the basis of discussions I have
had on this ng) that there is
a similar law in California.
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On Wed, 25 Feb 2004 13:58:17 -0500 (EST), <thisisme@cotse.net> wrote:
If the left lane is backed up you
must simply wait until it is not,
and only then may you enter the
intersection. If, that is, the
light will allow you to do so at
that time. (and there are no
pedestrains in conflict,
and so on and so forth).
In Florida it is called
"stop when traffic obstructed"
and it is my understanding (on
the basis of discussions I have
had on this ng) that there is
a similar law in California.
Here's the relevant part of California law:
"The approach for a left turn shall be made as close as practicable to
the left-hand edge of the extreme left-hand lane or portion of the
roadway lawfully available to traffic moving in the direction of
travel of such vehicle and, when turning at an intersection, the left
turn shall not be made before entering the intersection."
Calif. Vehicle Code sec. 22100(b).
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22100-22113
I interpret that to mean that I can make my left turn into any
available lane because it doesn't require that it be the left-most
lane (unlike the right turn law in California).
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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Bob Stock wrote:
<thisisme@cotse.net> wrote:
If the left lane is backed up you must simply wait until it is not, and
only then may you enter the intersection. If, that is, the light will
allow you to do so at that time. (and there are no pedestrains in
conflict, and so on and so forth).
In Florida it is called "stop when traffic obstructed" and it is my
understanding (on the basis of discussions I have had on this ng) that
there is a similar law in California.
Here's the relevant part of California law:
"The approach for a left turn shall be made as close as practicable to the
left-hand edge of the extreme left-hand lane or portion of the roadway
lawfully available to traffic moving in the direction of travel of such
vehicle and, when turning at an intersection, the left turn shall not be
made before entering the intersection."
Calif. Vehicle Code sec. 22100(b).
<http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22100-22113>
I interpret that to mean that I can make my left turn into any available
lane because it doesn't require that it be the left-most lane (unlike the
right turn law in California).
I often make a left turn into the center or right lane in California, and I
haven't gotten into trouble for it yet.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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"Theodore A. Kaldis" wrote:
Bob Stock wrote:
I interpret that to mean that I can make my left turn into any available
lane because it doesn't require that it be the left-most lane (unlike the
right turn law in California).
I often make a left turn into the center or right lane in California, and I
haven't gotten into trouble for it yet.
THAT's legal in California.
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On Mon, 23 Feb 2004 18:25:09 -0600, "John D. Goulden"
<jgoulden@goulden.org> wrote:
(2) Left turns: the operator of a vehicle intending to turn left
shall approach the turn from the extreme left-hand lane for traffic
moving in the same direction. Whenever practicable, the left turn
shall be made by turning onto the roadway being entered in the extreme
left-hand lane for traffic moving in the new direction, unless
otherwise directed by an official traffic-control device...
IANAL but the traffic code you cite implies that making a left turn into the
right-hand lane is legal (this is not universal; for instance, it's not
legal in most municipalities near my home in central OK) but only if
"practicable." The officer and judge will probably interpret this to mean
"you can make a left turn into the right-hand lane if there is little or no
traffic present." You say the intersection was congested; that's probably
why you were stopped and cited. The dictionary definition is friendlier to
your case; practicable simply means that something can be accomplished.
It's probably worth a try to take this to traffic court. Let us know how it
goes.
Actually the law says that I must turn into the left lane unless it is
not "practicable" to do so. So what is an example of "not
practicable"?
"Your honor, I did not turn into the left lane because it was not
practicable to do so. It was not practicable because ______________"
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Bob Stock wrote:
Here's the relevant part of California law:
"The approach for a left turn shall be made as close as practicable to
the left-hand edge of the extreme left-hand lane or portion of the
roadway lawfully available to traffic moving in the direction of
travel of such vehicle and, when turning at an intersection, the left
turn shall not be made before entering the intersection."
Calif. Vehicle Code sec. 22100(b).
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-
23000&file=22100-22113
I interpret that to mean that I can make my left turn into any
available lane because it doesn't require that it be the left-most
lane (unlike the right turn law in California).
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
Yes but there's that "practicable" word again.
You're in Calif. so you could research it better
than I, but it seems to me that one could say it
was "practicable" to wait until the left lane
was clear.
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"Theodore A. Kaldis" <kaldis@worldnet.att.net> wrote in message news:<403D51F5.CC301496@worldnet.att.net>...
Bob Stock wrote:
If the left lane is backed up you must simply wait until it is not, and
only then may you enter the intersection. If, that is, the light will
allow you to do so at that time. (and there are no pedestrains in
conflict, and so on and so forth).
In Florida it is called "stop when traffic obstructed" and it is my
understanding (on the basis of discussions I have had on this ng) that
there is a similar law in California.
I often make a left turn into the center or right lane in California, and I
haven't gotten into trouble for it yet.
The habit of running wide on left turns is so common among California
drivers that it makes an adventure out of turning left from a double
left turn lane: if you're in the second lane, you don't know whether
you can turn into the second lane or not until you see where the
driver in the first lane is headed. This happens even when guidelines
are painted on the roadway.
--
Chris Green
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