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Traffic Law

I was in the far right, straight thru lane at intersection.

Customer Question
Light was red, I was...
I was in the far right, straight thru lane at intersection. Light was red, I was 3 cars back, no cars behind me, when I realized I needed to move over to the right turn only lane. Put my signal on, saw no cars approaching into said lane and moved slowly over into the right turn lane. Made a complete stop before turning right on red, turn signal on. Ticketed for "improper right turn...right turn from straight through lane". I changed lanes, before lawfully making a right turn from the the right turn lane. Semantics, yes but I did not make a right hand turn from the straight thru lane. Your opinion please. Scott
JA: Was a citation issued? Has a court date been set?
Customer: Yes. No court date as I haven't decided to contest it yet.
JA: In what state did this occur?
Customer: Fl.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Statute under which citation was issued is 316.151(1)(A)
Submitted: 3 months ago.Category: Traffic Law
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Answered in 1 minute by:
8/16/2017
Traffic Lawyer: Expert James, Lawyer replied 3 months ago
Expert James
Expert James, Lawyer
Category: Traffic Law
Satisfied Customers: 12,418
Experience: I hold a JD and have more than 12 years of legal experience.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

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Customer reply replied 3 months ago
As to the wording of the citation..."Improper right turn, Right turn from straight thru lane, do I have any chance at contesting the citation?
Customer reply replied 3 months ago
Just answer my question if you would please.
Traffic Lawyer: Expert James, Lawyer replied 3 months ago

I needed to get clarity. I got that. Now I am trying to prepare the answer. So please be patient as I do so.

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Traffic Lawyer: Expert James, Lawyer replied 3 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are requested. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: You are always allowed to contest a citation. But obviously, it will be your word against the officer's word. Note the language of the statute that you supposedly violated: "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."

What that means for you is, if you contest the ticket, you will have to prove that, under the circumstances at the time you approached and made the turn, you were as close as practicable to the right-hand curb.

That sounds vague, and it is. BAsically, it is a subjective determination on the part of the officer. So what you will have to do is to successfully convince the judge that, from your specific position on the road in the no turn lane, you approached the right side and turned as closely as you could to the right side curb.

Ultimately, without a camera or an eyewitness to support one side over the other, it might be a challenge to convince a judge of either. But this would be your only option to contest it. Otherwise, you might just consider some form of alternative sentencing, like deferred disposition, etc.

But again, you are welcome to contest it and force the officer to prove that you were not fully in the right lane.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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