Dwi

D

Dwm15r

New Member
Jurisdiction
Missouri
so I was pulled over last night for a failure to yield on a right turn at a green stop light that no other vehicle was at the intersection. Then the cop gave me a breathalyzer. Can that be dismissed since his probable cause doesn't add up. I turned the corner at a safe speed and within my lane. Would also like to add that the officer has a year and color of a vehicle that isn't mine on the ticket.
 
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If you were intoxicated, your definition of safe speed, proper turn would likely be impaired.

If you failed to come to a COMPLETE stop, that's probable cause to stop you, investigate, and cite you. A STOP means a COMPLETE RESTING STOP, not merely crawl to a slower speed and continue rolling.

I suggest you discuss your concerns about the charge with your defense attorney.
 
army judge said:
If you were intoxicated, your definition of safe speed, proper turn would likely be impaired.

If you failed to come to a COMPLETE stop, that's probable cause to stop you, investigate, and cite you. A STOP means a COMPLETE RESTING STOP, not merely crawl to a slower speed and continue rolling.

I suggest you discuss your concerns about the charge with your defense attorney.
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Since the light was green don't I have the right away? Normally left turn yields on green I thought.
 
Dwm15r said:
Since the light was green don't I have the right away? Normally left turn yields on green I thought.
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If the light was GREEN to you, yes, you have the right to proceed cautiously. That means you can't roar around the corner at 30 or 35 MPH, you make the turn at a safe speed, maintaining control of your vehicle, NOT allowing the vehicle to shift from the inside lane to the outside lane during the turn.

PLUS, you are still required to generate and display the RIGHT TURN signal.

Here's how the law READS in Ohio and a graphic showing a proper RIGHT turn:
(note the RED car and the BLUE car as they depict a proper RIGHT turn)

Lawriter - ORC - 4511.13 Highway traffic signal indications; section not applicable to railroad crossings.

adriversed.com_images_v2008coursecontent_Turns_NV.jpg

Right Turn

  • As you prepare to turn, reduce speed and stay as far to the right as possible. Begin the turn in the lane nearest to the right-hand curb and end the turn in the lane nearest the right-hand curb.
  • Give turn signal.
  • Yield to pedestrians who may be crossing your path. Scan for any bicyclist in your path.
  • Avoid making wide, sweeping turns in the other lane.
 
Your attorney can try to make the argument that there was no lawful reason for the stop. If he prevails, the whole matter will likely be dismissed. However, I strongly suspect that the officer will have some other observation to justify the stop and not simply a right turn on a GREEN light.
 
Your best bet is probably to talk to a traffic law attorney & see what he/she might be able to do for you.
 
If you had the right of way with a green light, you don't yield to anyone. Officers make mistakes on traffic law more often than people think. Hopefully he committed to the reason to stop on an incar video. Makes coming up with something after-the-fact inapplicable. Hopefully your judge would see right through it. But, yes, call an attorney.
 
Of course, what he tells you may not be the sole reason he stopped the car. There are reasons we might sometimes feed the suspect a line that's not quite the truth upon contact.
 
Well ... I was around when the original series when it was originally broadcast. :) Though, I did not see first-run episodes until the last season. I was a little young. Now, I have the whole series on DVD - my wife got them for me for Christmas a couple years back. Went to my first ST Con when I was 14 (that was in the 70s).
 

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