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  1. #1
    Join Date
    May 2010
    Posts
    1

    Default Ticketed for Failure to Signal; Wrong Code Section Cited

    My question involves a traffic citation from the state of: Illinois

    I was recently ticketed for, as the officer wrote on the ticket, "failure to signal while changing lanes."

    I was in the left lane on a four-lane road (two lanes in each direction). I was behind a driver who put on his left turn signal and began slowing down to make a left turn across the oncoming lanes of traffic. The right lane was clear, so I moved over into that lane, and then moved back to the left lane once I had passed the turning vehicle. The officer pulled me over and told me that I had changed lanes twice without signaling.

    The ticket cites Chicago Municipal Code title 9, section 12-050(b), which states:

    Where traffic lanes have been marked to preserve a regular alignment of traffic, it shall be unlawful for the driver of any vehicle to fail or refuse to keep his vehicle within the designated boundaries of any such lane except when lawfully passing another vehicle.

    The section does not mention anything about using signals, or even about changing lanes; rather, it seems to deal with keeping your vehicle inside a lane unless passing. Therefore, I looked up the section of the MCC that deals with passing, and found the following (Title 9, section 36-020(a)):

    (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

    (1) When the vehicle overtaken is making or about to make a left turn and there is sufficient safe clearance distance between the turning vehicle and the right edge of the roadway;

    (2) Upon any roadway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in each direction; or


    (3) Upon any roadway on which traffic is restricted to one direction of movement, where the unobstructed pavement is of sufficient width for two or more lanes of moving vehicles.

    I believe my maneuver falls under sections 1 and 2, which also do not mention the use of turn signals. It seems to me that the officer should have cited title 9, section 40-200(c), which states:

    A turn signal shall be given to indicate an intention to change lanes or start from a parallel parked position.

    Based on this information, is it likely that the ticket will be dismissed if I plead not guilty and go to traffic court? I feel that this is more than just a simple typo or small oversight on the part of the officer. Any help or information would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Ticketed for Failure to Signal; Wrong Code Section Cited

    You can try, but I can't guarantee a result. The officer may respond, for example, that in the absence of a signal you could not be said to be "lawfully passing another vehicle", or may seek to amend the ticket.

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