Is It Always Necessary To Use Your Turn Signal

[keepinitreal]

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

You are at a 4 way intersection and you are in the left turn lane of which the flow of traffic is controlled by a green arrow.
Is it legally required of you to signal that you are turning left in this situation?
This pertains to Chandler, Arizona laws.

Thanks,
keepinitreal

[cdwjava]

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

You are at a 4 way intersection and you are in the left turn lane of which the flow of traffic is controlled by a green arrow.
Is it legally required of you to signal that you are turning left in this situation?
This pertains to Chandler, Arizona laws.

Thanks,
keepinitreal

Apparently it IS required if there are any vehicles that MIGHT be effected ... in other words, if there are any other vehicles in sight, you should probably use a signal.

28-754. Turning movements and required signals

A. A person shall not turn a vehicle at an intersection unless the vehicle is in proper position on the roadway as required in section 28-751, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left on a roadway unless and until the movement can be made with reasonable safety. A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement.

B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

C. A person shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided by this article to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.

- Carl

[keepinitreal]

Ok so if I understand your inference, if there MIGHT be other vehicles present that would/could be effected, in other words if there was no other traffic that can make all the difference, right?

Does not the left turn signal (the green arrow directing me to turn) constitute, the vehicle is in proper position on the roadway as required in section 28-751?

Let me hit you with this then, your in a parking lot approximately 200 yards from an intersection controlled by traffic lights. It's a 4 lane road with 2 lanes of traffic in each direction. Directly in front of you as you are pulling out of the parking lot 2 lanes over is the beginning of a left turn lane which you wish to use. So you exit the parking lot and cross over the two lanes into the immediate left turn lane. It is approximately 11:45 pm and there is no traffic. Would this be considered an improper right turn?

Thanks,
keepinitreal

[cdwjava]

Ok so if I understand your inference, if there MIGHT be other vehicles present that would/could be effected, in other words if there was no other traffic that can make all the difference, right?

If there is no other traffic, there is no officer there to see you not signaling. So, a good rule of thumb is, if you can see a car, use your turn signal. There really is no good reason NOT to.

Does not the left turn signal (the green arrow directing me to turn) constitute, the vehicle is in proper position on the roadway as required in section 28-751?

But you are still apparently required to use your signal. Being in proper position is only one of the requirements for a turn.

Let me hit you with this then, your in a parking lot approximately 200 yards from an intersection controlled by traffic lights. It's a 4 lane road with 2 lanes of traffic in each direction. Directly in front of you as you are pulling out of the parking lot 2 lanes over is the beginning of a left turn lane which you wish to use. So you exit the parking lot and cross over the two lanes into the immediate left turn lane. It is approximately 11:45 pm and there is no traffic. Would this be considered an improper right turn?

That depends on the lines you cross to get there (yellow, white, solid, dashed ...). But, if there is no traffic, there's no one there to see you do it even if it WERE wrong, so what's the problem?

Is there a real scenario in here somewhere or are we playing "what if ..." games?

- Carl

[keepinitreal]

Deal is an officer working a DUI Task force sees me pull out of a Target parking lot. Myself and an associate with me notice him, motorcycle cop, facing eastbound in a left turn lane as we are exiting the parking lot to access the left turn lane directly in front of us so I can make the left turn to travel eastbound. We then observe the officer make a u-turn and travel through the parking lot we just exited and then he pulls up behind us and proceeds to pull me over after the light turns green directing me to turn left via the left turn arrow.
He says I did not signal. I am religious about using my turn signals. The intersection I was at has cameras facing in each and every direction and I have done all that I can think to do to try and acquire videos to view of that evening.
In the officers police report he states that he was traveling southbound on x.y.z road when he observed me make an improper right turn, when in fact as I mentioned earlier he was traveling eastbound and made a u-turn, traveled thru the parking lot I exited and following my same route came up behind me and stated in his report, in his words, UNSIGNAL left turn, whatever that means.
I know I used my turn signals and I watch dozens of people make the same turn out of this parking lot into the left turn lane daily,and he has not spoken truthfully about his observations and where he was. I have a passenger who can testify to this along with another associate who was there and watched from a distance and I just am not sure how to proceed.
There's only one way to turn out of that parking lot to access the left turn lane. Whether I'm turning right or left I have to cross the other lanes which are divided by white lines to get there.
I dont know Carl but Im not going out without a fight.
I do not see where this officer had reasonable grounds or probable cause to just pick me out and pull me over.

Regards,
keepinitreal

[cdwjava]

He says I did not signal. I am religious about using my turn signals. The intersection I was at has cameras facing in each and every direction and I have done all that I can think to do to try and acquire videos to view of that evening.

It is doubtful that the photo cameras run continuous video ... they typically only take photos of a violation, so unless you ran the light, they probably wouldn't have a photo or video of you waiting to turn.

And, if you were impaired (and maybe distracted), it is possible that you were not as "religious" about your turn signals as usual.

Of course, this may come down to a simple matter of your word versus the officer's ... not good for you.

I know I used my turn signals and I watch dozens of people make the same turn out of this parking lot into the left turn lane daily,and he has not spoken truthfully about his observations and where he was. I have a passenger who can testify to this along with another associate who was there and watched from a distance and I just am not sure how to proceed.

When it goes to trial, you and your witness can testify as to what they saw or did. if the judge sides with the officer that the stop was valid, then that's that.

I dont know Carl but Im not going out without a fight.
I do not see where this officer had reasonable grounds or probable cause to just pick me out and pull me over.

Maybe you don't, but apparently he did.

Was this a DUI or is this a simple traffic ticket?

- Carl

[keepinitreal]

It is a DUI Carl.

So what your saying is that the law regardless is one-sided just because he wears a badge.

Do traffic officers have to log their route of travel and notify their dispatch whenever they change course?

You did'nt say anything about what makes my right turn improper. Supposedly that is what caught his attention.

I have'nt had a traffic citation in over 11 years.

I've been driving for 34 years.

You've offered me no sense of hope here.

It was 11:45 pm on a thursday night and I was coming home from dinner with friends and family not out on a weekend partying like the good ole days in our twenties.

I would'nt be wasting your time if I did'nt believe I did nothing to attract this officers attention. This was random on his part.

Do you have any words of encouragement?

Thanks,
keepinitreal

[cdwjava]

It is a DUI Carl.

Okay, then. So, I presume then that the DUI is pretty solid and that your only hope to beat the rap is to defeat the reasonable suspicion that justified the contact?

Out here, that would be done in a suppression hearing. Your attorney would make a motion and ask for a suppression hearing where the court would listen to witnesses concerning the circumstances of the stop. I have to tell you in some 9 out of 10 of these, the state prevails, but there is always that chance that yours might be that one. It depends on the articulation of the officers and of you and your witness. However, your attorney may not be keen on putting you on the stand for the suppression hearing because it allows the prosecutor to ask questions that could tie you down or be used against you later at trial, so it would likely be your witness that will have to carry the water, and the attorney on his cross of the officer, of course.

So what your saying is that the law regardless is one-sided just because he wears a badge.

No, not at all. But, the tendency will be to believe the officer for a number of reasons.

What was your BAC? If it was high, then your version of events may be discounted by a jury.

Do traffic officers have to log their route of travel and notify their dispatch whenever they change course?

Nope. That would be prohibitively time consuming, and would annoy the heck out of dispatchers!

You did'nt say anything about what makes my right turn improper. Supposedly that is what caught his attention.

I don't know ... what did HE say? Did he stop you for failing to signal the right turn? or for failing to signal at the left turn lane? Either one could be sufficient to make the stop.

I have'nt had a traffic citation in over 11 years.

Ted Bundy had never had a traffic ticket, either.

Not getting caught doesn't mean you never committed the violation, just that you were never caught or cited.

I've been driving for 34 years.

Only a hair longer than I have.

You've offered me no sense of hope here.

Talk to your attorney about that.

If all you have is to attack the reasonable suspicion for the stop, it's going to come down to articulation and whether the court grants your attorney's motion to suppress. But, like I said, these rarely succeed ... but, occasionally they do.

You're dealing with what you claim is a dedicated DUI detail which means that this is what they do, and this is the stuff they look for. It does not take a lot to support reasonable suspicion for a detention of a vehicle - the burden of proof is quite small, actually.

It was 11:45 pm on a thursday night and I was coming home from dinner with friends and family not out on a weekend partying like the good ole days in our twenties.

Okay. But, apparently, you were impaired ... or so the allegation goes.

I would'nt be wasting your time if I did'nt believe I did nothing to attract this officers attention. This was random on his part.

I doubt it was "random". Something about your actions caught his attention.

Do you have any words of encouragement?

Consult an attorney that specializes in DUI defense. It may cost you between $3,000 and $5,000 (more if it comes down to a battle of the experts) but you might stand a better chance of prevailing or getting a good plea deal (assuming you want to accept a plea) with the right attorney.

What was your BAC?

In the interests of full disclosure, I am an officer that is an expert in the evaluation of drug and alcohol influence and an instructor in the Standardized Field Sobriety Tests in CA. My experience is on the prosecution side of things and I have seen quite a few of these go to trial. If the FSTs and your BAC are good, then your only hope is to do what you are doing - defeat the cause for the stop. Anyone who tells you that is easy is lying to you. However, *I* have not read the police report so it just might be possible that it's weak in that area. Only your attorney can tell you the strength of the state's case. And, it would be best to hire that DUI defense attorney.

- Carl

[keepinitreal]

Thank you Carl and I have hired an attorney as it is my only chance.

Regards,
keepinitreal