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Man took traffic ticket case to GA Supreme Court; Court throws out Georgia’s left-turn law

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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:43 AM
Original message
Man took traffic ticket case to GA Supreme Court; Court throws out Georgia’s left-turn law
I'm glad this was cleared up because it was also my understanding that as long as there is only one left-turning lane, you are free to go into whichever lane you like (which is why drivers turning right should always wait to see which lane a left-turner will go into).

A law that allows police to issue citations for illegal left-hand turns into multi-lane roadways has been declared unconstitutional by Georgia’s highest court.

In a unanimous ruling on Monday, the state Supreme Court ruled in favor of a Whitfield County man who was cited for illegally making a left turn into the outer, right-hand lane of a four-land road in Dalton. The motorist should have turned into the left-hand lane closest to the oncoming traffic, the police officer said.

But the state Supreme Court ruled the law was “unconstitutionally vague” because a plain reading of the statute renders two “diametrically opposite interpretations,” Justice Carol Hunstein wrote.

Michael McCarthy, the circuit public defender in Dalton, said the Legislature will have to go back and fix it.


http://www.ajc.com/services/content/metro/stories/2009/06/08/georgia_left_turn.html?cxtype=rss&cxsvc=7&cxcat=13
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:48 AM
Response to Original message
1. They may need to fix the language of the law, but the spirit of it makes sense

I kind of like the police's interpretation of the law. Too many people don't even realize when there are two left turning lanes that they should stay in their lanes. Providing a legal exception when they is one only muddy things up.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:49 AM
Response to Original message
2. A left turn from the left lane should be made into the left lane of a multi lane road.
Edited on Mon Jun-08-09 11:55 AM by Renew Deal
Someone making a left turn into the right lane is a menace to society.
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:50 AM
Response to Reply #2
3. What if you have to make an immediate right upon completing the turn?
:shrug:
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zipplewrath Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:52 AM
Response to Reply #3
6. Change lanes
You change lanes, if it is clear. (Truth is I've got a few of those on my way home at night, it inspires me to take a different route most of the time to avoid them).
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:56 AM
Response to Reply #6
9. That is correct.
B-)
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:57 AM
Response to Reply #6
10. Exactly
Turn from the left lane into the left lane. Once you get the whole vehicle safely into the left lane you may then signal for a lane change.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:58 AM
Response to Reply #10
14. I almost got taken out by someone making this mistake.
She turned from the left lane into the right lane. I was going from the right lane to the right lane. She wasn't paying attention. Thankfully I was.
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:51 AM
Response to Reply #2
5. If you have an arrow you should not have to. If both the left turn and right turn are on green
then they should turn into their respective lanes.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:57 AM
Response to Reply #5
11. If who has an arrow?
Do you mean you are making the left and the on-coming car is making a right?
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:58 AM
Response to Reply #11
12. If you have a left turn arrow, then the oncoming side is not supposed to turn. nt
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 12:02 PM
Response to Reply #12
18. Right. That's what I was getting at
A person with an arrow to turn left should be free to turn into whichever lane is needed. When a business is located right on the corner of the intersection, one does not have the time to turn and then switch lanes.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 12:12 PM
Response to Reply #18
19. Exactly
Unless there are two turning lanes, then if you're in the left you go into the left lane and if you're in the right left turn lane you go into the right lane. If there's only 1 left turn lane, you can turn into either lane. Which makes sense, what if you're going to the gas station on the corner, if would be more reckless to turn into the left lane and then zip across to the right.
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 12:12 PM
Response to Reply #18
20. I agree. nt
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zipplewrath Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:51 AM
Response to Original message
4. Just the wording
This is the law in every state I suspect. You turn "lane to lane". Improves traffic flow for the very reason you suggest, it allows the whole road to be used by everyone. Not have one driver monopolize the whole road for a left hand turn.
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MercutioATC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:53 AM
Response to Original message
7. I can understand "too vague", but "unconstitutional"???
As far as I know, the Constitution doesn't address traffic ordinances.

I'd be curious how they're determining its deviation from the Constitution.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:59 AM
Response to Reply #7
15. The idea is that it's against the constitution for the government to...
...punish people using laws which are too vague for them to understand.
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MercutioATC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 12:01 PM
Response to Reply #15
17. Gotcha.
Thanks :)
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:54 AM
Response to Original message
8. I believe it is a very stupid thing for anyone to do no matter what the Law
may leave to interpretation. What reason would a person have to think it should be fine to change into another lane in such a situation. It is dangerous and IMO just plain dumb.. I do agree with the Georgia Supreme Court in that the Law needs to be spelled out better so no one can misinterpret what the intent is.
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 11:58 AM
Response to Original message
13. That bastard lives a charmed life!!!
The ruling was a victory for Christopher McNair who was arrested in 2007 for DUI, possession of marijuana and making the illegal left-hand turn.

At trial, McNair was acquitted of DUI and drug possession but convicted of the illegal turn, McCarthy said. McNair was fined $500 and given a year’s probation. He also was sentenced to four months in jail for a probation violation.
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 12:01 PM
Response to Reply #13
16. LOL. I wonder if he's rich
Doesn't seem like a regular person would have that much luck or even think of taking a traffic ticket to the supreme court.
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