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Failure to Keep in Right Lane

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  • 06-17-2009, 04:22 PM
    alphamerik
    Failure to Keep in Right Lane
    My question involves a traffic ticket from the state of: Massachusetts

    While driving a motorcycle I entered a right only turning lane not realizing it was a turn I did not want to make. After stopping the light changed to green and I went straight instead of completing the right turn. Police officer pulled me over and issued a ticket with citation C89S4B "Failure to Keep in Right Lane" which looking it up in MGL is:

    Chapter 89: Section 4B. Driving in lane nearest right side of way
    Quote:

    Section 4B. Upon all ways the driver of a vehicle shall drive in the lane nearest the right side of the way when such lane is available for travel, except when overtaking another vehicle or when preparing for a left turn. When the right lane has been constructed or designated for purposes other than ordinary travel, a driver shall drive his vehicle in the lane adjacent to the right lane except when overtaking another vehicle or when preparing for a left or right turn; provided, however, that a driver may drive his vehicle in such right lane if signs have been erected by the department of highways permitting the use of such lane.
    Does this seem like an appropriate citation?

    Many thanks!
  • 06-18-2009, 08:32 PM
    LawResearcherMissy
    Re: Failure to Keep in Right Lane
    Since you did not turn, and rather, went straight?

    Yes, it seems appropriate.

    You can try arguing that you realized at the last minute that you didn't want to turn, and felt it would be safer to simply go straight, but I wouldn't expect that to get the ticket dismissed.
  • 06-20-2009, 08:10 AM
    blewis
    Re: Failure to Keep in Right Lane
    I have to respectfully disagree. I think that statute refers to "keep right" laws (i.e. don't travel in the left lane unless you are passing or preparing to turn left). If I had been the officer, I would have cited you for "disobeying a traffic control device" or "improper lane change". Either one would be MORE appropriate.

    But, assuming you went from the rightmost lane (albeit a right-turn only lane) to the rightmost lane on the continuing street, how can you be convicted of NOT being in the right lane? Were you, at any time, NOT in the right lane?

    Of course, I could be wrong, but that's just how I see it.

    Barry
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