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  1. #1
    Join Date
    Oct 2013
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    1

    Default Improper Lane Use Ticket for Turning Right from the Leftmost Lane

    My question involves a traffic ticket from the state of: Louisiana. I recently received a ticket for improper lane use, to better understand the situation I will describe the location. The road is 4 lanes wide with two going in either direction. The two north bound lanes approach an intersection. At the intersection it is clearly posted that the right hand lane is a right hand turn only lane. The other lane is not marked for any specific purpose. The right hand lane turns on to another road that is two lanes, and automatically puts that driver into the right hand lane according to the lane stripes painted on the ground. I approach from the left hand lane and turn right and I am almost immediately pulled over by a motorcycle cop that was hiding on the corner. He proceeds to write a ticket for improper lane use and then returns to his previous location. I would like to fight this ticket but I think I have a common sense leg to stand on but I am unsure if legally I do. And the real kicker, I was on my way to the courthouse to testify on the DA's behalf in a prosecution.

    Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Improper Lane Use Ticket for Turning Right from the Leftmost Lane

    As you said, it is clearly posted that the right lane is the right turn only lane.

    http://www.legis.state.la.us/lss/lss...8017&showback=
    §101. Required position and method of turning at intersections

    A. The driver of a vehicle intending to turn at an intersection shall proceed as follows:

    (1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.


    (2) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

    (3) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection in the safest lane lawfully available to traffic moving in such direction upon the roadway being entered.

    B. The department may modify the foregoing methods of turning at intersections on highways of the state by signs directing the course to be followed by vehicles at those intersections, and no driver shall fail to follow such directions.


    C. No person shall drive any vehicle through or over private property, including, but not limited to, any corner parking or driveway facility, from a highway solely for the purposes of entering another highway.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Improper Lane Use Ticket for Turning Right from the Leftmost Lane

    Quote Quoting Foxx
    View Post
    I think I have a common sense leg to stand on
    Actually, you don't... One of the most basic rules of driving. If the statute that Disagreeable posted matches the number you were cited for, and based on your description of what you did, then its a valid citation. And of course, even if you are in the right most lane marked with a right turn arrow, you still need to use your turn signal if there are any vehicles close by that could be affected by your movement. Failing to do so might result in an unsafe turn citation.

    Quote Quoting Foxx
    View Post
    And the real kicker, I was on my way to the courthouse to testify on the DA's behalf in a prosecution.
    What was the DA getting prosecuted for?

    But really, that's no kicker at all. That is part of your civic duty to all citizens of the State of Louisiana. You also have a duty as a driver, to drive in a safe, reasonable and lawful manner. Which you failed to do.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Improper Lane Use Ticket for Turning Right from the Leftmost Lane

    From OP’s subject line (improper lane use, not improper turning movement), it sounds like he was maybe cited for:

    §79. Driving on roadway laned for traffic
    Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply.
    (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
    (2) The department may erect signs directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction, and drivers of vehicles shall obey the directions of such signs.

    If that is the case, then the listed charge is not as specifically relevant to the described circumstances as is section 101. So, OP may have an argument that his actions were not in violation of the statute charged.

    However, even though 101 appears to be a more appropriate charge for OP’s actions, 79 may well still be valid as he moved from the “not marked for any specific purpose” through lane to make the turn. Since other drivers cannot be relied on to obey the right turn only designation, OP did not move from the lane without first ascertaining that the movement could be made safely.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Improper Lane Use Ticket for Turning Right from the Leftmost Lane

    Quote Quoting PTPD22
    View Post
    From OP’s subject line (improper lane use, not improper turning movement), it sounds like he was maybe cited for:

    [INDENT]§79. Driving on roadway laned for traffic

    Good catch... Its just that the improper lane use part is GREATLY overshadowed by the part about "Turning Right from the Leftmost Lane".... One can't help it but miss the first few words...

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