My question involves a traffic ticket from the state of: South Carolina.
First, thanks for all that provide legal advice on this forum. Just lurking has provided a wealth of knowledge. Anyhow, onto my legal issue....
A few weeks ago I made a left turn onto a busy, four-lane, "suicide lane" separated road; traveled about 500 yards; moved from the left to right lane and was promptly pulled over after entering a shopping center a short distance away. After the officer approached the vehicle I got the usual "Do you know why pulled you over?" Which I didn't and was informed that I did not signal when I changed lanes. This is false. After the handover of license and insurance the officer asked me why I was in such a rush. This struck me as odd, as if the officer forgot why he pulled me. I suspect I was pulled for the rate at which I changed lanes and there was an assumption made that no signal was made.
Here are my grievances with the citation:
1) The violation code noted on the ticket is 50-5-2120. This is a typo and should have been written 56-5-2120. SECTION 56-5-2120. Required position and method of turning. 56-5-2120 states:
(b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
My left turn was lawful and the officer would not have been in the correct position to assess the use of my signal.
2) If the officer is citing me from my left-to-right lane change (I feel 99% certain this is the case) the correction violation code should have been SECTION 56-5-2150. Turning movements and required signals. 56-5-2150 states:
(B) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
The road's speed limit at the location of the 'violation' is 40 mph. It takes 1.5 seconds to travel 100 feet at 40 mph. In 1.5 seconds that is 1 flash, maybe 2 of a turn signal. After the lane change I checked my mirrors as I normally do and noticed officer's cruiser deep in traffic. Maybe 200 yards or more behind me vehicle. I find it incredible that the officer would be able to assess my required 100 feet (1.5 s) of signaling at such a far distance and in traffic. His view of my vehicle would have been obstructed at some point.
Those are the facts and I am unsure on which strategy to pursue, which my have the most success, and how to pursue each. Should I go after the incorrect violation code and motion for a dismissal? Or.... should I pursue a more "technical" approach and try to prove that the officer couldn't have maintained visual contact due to traffic, distance, etc.?
Thanks for all of the help on the matter. I look forward to hearing your opinions.
First, thanks for all that provide legal advice on this forum. Just lurking has provided a wealth of knowledge. Anyhow, onto my legal issue....
A few weeks ago I made a left turn onto a busy, four-lane, "suicide lane" separated road; traveled about 500 yards; moved from the left to right lane and was promptly pulled over after entering a shopping center a short distance away. After the officer approached the vehicle I got the usual "Do you know why pulled you over?" Which I didn't and was informed that I did not signal when I changed lanes. This is false. After the handover of license and insurance the officer asked me why I was in such a rush. This struck me as odd, as if the officer forgot why he pulled me. I suspect I was pulled for the rate at which I changed lanes and there was an assumption made that no signal was made.
Here are my grievances with the citation:
1) The violation code noted on the ticket is 50-5-2120. This is a typo and should have been written 56-5-2120. SECTION 56-5-2120. Required position and method of turning. 56-5-2120 states:
Quote:
(b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
2) If the officer is citing me from my left-to-right lane change (I feel 99% certain this is the case) the correction violation code should have been SECTION 56-5-2150. Turning movements and required signals. 56-5-2150 states:
Quote:
(B) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
Those are the facts and I am unsure on which strategy to pursue, which my have the most success, and how to pursue each. Should I go after the incorrect violation code and motion for a dismissal? Or.... should I pursue a more "technical" approach and try to prove that the officer couldn't have maintained visual contact due to traffic, distance, etc.?
Thanks for all of the help on the matter. I look forward to hearing your opinions.
Strategy to Contest a Failure to Signal Ticket
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