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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I was in an a left turn accident in AZ. ARS 28-772 says you have to yield before turning

Resolved Question:

I was in an a left turn accident in AZ. ARS 28-772 says you have to yield before turning left. However I was issued a ticket for ARS 28-722 which is about passing. When I go to court should I argue that I wasn't passing anyone?
Submitted: 5 years ago.
Category: Legal
Expert:  Thomas Swartz replied 5 years ago.
HelloCustomer

Yes. When issued a ticket you must be cited for the correct violation. And as you correctly mentioned ARS 28-722 is concerned with passing vehicles on the right. Yes you should argue that you were not passing anyone, but rather engaged in a turn. And if the officer claims that you did not yield before making the turn, you should move to dismiss the ticket as that is only a violation of ARS 28-772 and not ARS 28-722.

Thomas
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