Left Turn Failure to Yield

[smidge]

My question involves a traffic ticket from the state of: Tennessee

I was ticketed while making a left turn on green, but got a bit close to the incoming traffic. It was pitch dark and I misjudged the distance and also thought for a brief moment that the incoming suv is on the right turn lane which would be just fine since we will be ending up on two different lanes with a small median separating them. There was no accident.

On the ticket, I was cited for TCA 55-8-109 which is for Traffic Control Device/Signal violations. The officer's narrative on ticket is failure to yield to incoming traffic when crossing. The problem is that I did not run any lights, it was solid green, my citation should have nothing to do with any signals. If anything, I think I should have been cited for TCA 55-8-129 which is Failure to yield, left turn. I do not drive aggressively and have a clean driving record. How should I approach this in court? I don't want to plea guilty to TCA 55-8-109 which I did not violate.

Any information would be greatly appreciated.

[jk]

why wouldn't this be applicable?

(1) Green alone or "Go":

(A) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; and

[smidge]

I guess the only problem with that is that it is for right-of-way determination for vehicular traffic "within the intersection or an adjacent crosswalk at the time such signal is exhibited". In my case, the incoming traffic was not in the interaction as I was turning left and I was able to complete the turn, albeit in hindsight, the incoming traffic was closer than I thought and I would not have felt comfortable making the turn under a better lighting condition.

I am just not sure if this is even worth exploring at court, in all honesty, I would be happy if the judge would just take my driving record and the particular lighting condition into consideration and possibly render a judgment which would impact my drivings record minimally. I would be more than happy to pay for the ticket/court cost. Any suggestions on how I should approach this would be greatly appreciated.

[jk]

No, that would be 55-8-110. Not sure how I even ended up with that. I punched in the correct number in Google and didn't notice it gave me the 110 section which strangely enough, appears to be the proper statute.

but anyway, if you read this section:

(

a) The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter

and realize the section I quoted is within this same chapter, it is proper. What I quoted are the requirements and your section is stating it is a crime to not follow the other sections directives.

[smidge]

I agree that, as stated in a), any provistion within this chapter would apply, but only for those applicable to traffic-control device. This would make 55-8-110 relavent. But would it also make 55-8-129 relavent?

55-8-129. Vehicle turning left at intersection. —





The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver, having so yielded and having given a signal when and as required by this chapter, may make the left turn, and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.


[Acts 1955, ch. 329, § 28; T.C.A., § 59-829.]

[smidge]

6 month probation, dismiss upon good behavor, pay only court cost, took 45 seconds...