Nailed on right turn -- Law Q! | FerrariChat
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Nailed on right turn -- Law Q!

Discussion in 'New York Tri-State' started by ScuderiaWithStickPlease, May 28, 2013.

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  1. ScuderiaWithStickPlease

    ScuderiaWithStickPlease F1 World Champ

    Dec 17, 2007
    10,263
    NY Metro
    #1 ScuderiaWithStickPlease, May 28, 2013
    I made a right on 23rd from 2nd. The problem is that I wasn't in the rightmost lane because it was packed. Worse, though not marked, the lane I was in is southbound only.

    The law:

    New York Vehicle & Traffic - Article 28 - § 1160 Required Position and Method of Turning At Intersections - New York Attorney Resources - New York Laws

    If I'm reading the code correctly, I'm guilty even though this is a very common practice and the lanes weren't marked.

    Any opinions on, or experience with, this sort of violation?

    My thanks in advance.
     
  2. YELO T

    YELO T Formula 3

    Jul 2, 2012
    1,193
    Long Island, NY
    Full Name:
    Jonathan
    #2 YELO T, May 28, 2013
    Turning from the center lane is a violation on most NY streets. I would show up to traffic court and argue there was a parked delivery truck in the right lane and you were forced to drive around it. Or just plead ignorance.
     
  3. FasterIsBetter

    FasterIsBetter F1 Veteran

    Jul 22, 2004
    5,855
    NoNJ/Jupiter FL
    Full Name:
    Steve W.
    #3 FasterIsBetter, May 29, 2013
    The law says "as close as practicable..." If there was a vehicle parked or standing in the right lane, and you were in the lane immediately next to it and made the turn, you are "as close as practicable" to the right hand curb. Sounds like the cop was just looking to make his/her quota for the week. I'd fight that one. Plead not guilty. The cop needs to prove you violated the law, so he/she goes first. Object to him/her testifying from their notes. Ask to see the notes. Then tell your side of it. You may lose, but at least give it a shot.

    On the other hand, if it is no points and not expensive, you may just want to pay it. NY traffic court is not a fun place to hang out all day.
     
  4. roadracer311

    roadracer311 Formula 3

    May 6, 2009
    2,398
    San Francisco
    Full Name:
    Paul
    #4 roadracer311, May 29, 2013
    Last edited by a moderator: Sep 7, 2017
    Looks like it's marked.

    Next time, when you've missed a turn, please just go another two blocks and turn there. Turning across lanes which can go straight is a good way to injure a motorcyclist.
    Image Unavailable, Please Login
     
  5. ScuderiaWithStickPlease

    ScuderiaWithStickPlease F1 World Champ

    Dec 17, 2007
    10,263
    NY Metro
    #5 ScuderiaWithStickPlease, May 29, 2013
    When I went back to look over the intersection recently that arrow wasn't there. There's a tip of an arrow on the rightmost southbound lane, but I don't think that's not enough.

    I'm not going to lie in court so I'm not going to claim unusual traffic circumstances. If I go in it will be on the grounds that there are no meaningful markings, and that the lane for right turns comes out of nowhere with no warning (the right turn area is four, maybe five car lengths long and is carved out of parking spots.)

    And, yes, the right thing to do is to go around. And I'm very mindful of cyclists and motorcyclists, a curtesy the first group doesn't return.

    I drive very passively on Manhattan which is what makes getting this ticket more annoying that it would otherwise be (nail me for speeding on the Taconic and I have nothing to say.)

    Thank,s guys!
     

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