Fighting a Traffic Ticket for Improper Turning

You can get a ticket for making an "improper turn" in lots of different scenarios. An improper turn can be a U-turn or left or right turn at an intersection. Here are some of the basics about turning laws and how to defend against an improper-turn ticket.

How to Fight a Ticket for an Improper Turn

The defenses that are available for an improper turn ticket depend on the type of turn. Below, we discuss different types of turning laws and how you might fight a violation ticket for each type.

Fighting a Ticket for Illegal Left and Right Turns

All states have laws that dictate when a driver is permitted to make a right or left turn. Below is an example of how these laws are commonly worded and ways you might be able to get a turning ticket dismissed.

Laws for Right and Left Turns

The laws of most states read something like this:

In other words, you aren't supposed to make a right or left turn unless you're in the corresponding far right or left lane. Additionally, before making either type of turn, you should be as close to the curb or edge of the roadway as reasonably possible.

Right and Left Turn Ticket Defenses

Most tickets for an improper right turn are based on the turn being made while the driver allegedly wasn't as close as reasonably possible to the curb or edge of the roadway. So, defenses to these types of tickets should focus on why it was reasonable to make the turn without being right next to the curb or edge of the roadway. Generally, the best reasons have to do with safety and might include:

• avoiding cars parked at the curb
• steering clear of traffic pulling out of parking spaces
• avoiding roadside construction, and
• avoiding pedestrians.

Another possible line of defense comes into play if the officer didn't have a good vantage point to see how close you were to the curb or edge of the roadway while making the turn. With this type of defense, maps and diagrams can help.

Tickets for Turns Prohibited by Signs or Marked Lanes

All states have laws that require drivers to abide by road signs and lane markings, including those that restrict turns at an intersection. Below we have an example of one of these types of laws and some possible defenses.

Laws Related to Signs and Lane Markings

Many states have laws that read something like this:

Illegal U-Turn Tickets

Most states have several times of U-turn laws. Which law applies depends on whether the driver made the turn in a residential or business district or some other area.

Laws for U-Turns in Business Districts

Most states have a business-district U-turn law that says something like this:

A "business district" is typically defined as a place where more than 50% of the property fronting the street is "in use for business" along a specified length.

Fighting a Ticket for an Illegal U-Turn in a Business District

One "defense" to a charge that you made a U-turn in a business district is that you weren't in a business district when you made the turn. To figure this out, you'll need to look up how your state defines "business district" and determine whether the site of the turn qualifies. However, it's really up to the government to prove the location was in a business district. If the government can't prove this fact, you should theoretically be able to beat the case by pointing out that the government hasn't proven the charge. But, if you're sure the turn did not occur in a business district, it would, of course, help to have some proof of that.

Laws for U-Turns in Residential District

Most states have a residential-district U-turn law that says something like this:

Basically, this law applies to areas of residential districts that aren't intersections with traffic lights or signs.

Laws for U-Turns on the Highway (Not in Residence or Business Districts)

Most states also have a U-turn law that applies to areas outside residential and business districts. These laws usually read something like this:

Under these laws, you're free to make a legal U-turn as long as you have an unobstructed view for the number of feet specified in your state law. It doesn't matter whether other vehicles are approaching within that distance, so long as you can see them clearly and it's safe to make the turn.

Fighting a Ticket for an Illegal U-Turn on a Highway

In court, you can often use maps, diagrams, or pictures to demonstrate that you could see more than the distance specified by law.

Tickets for Unsafe Turns and Lane Changes

In addition to the specific turn laws outlined above, most states also have a catchall category called "unsafe turns or lane changes."

Unsafe Turns and Lane Change Laws

These catchall laws typically read something like this:

In other words, it's illegal to make a lane change or turn that's unsafe.

Defenses to Tickets for Unsafe Turns and Lane Changes

In theory, at least, it is up to the prosecution to prove facts that, taken together, demonstrate that you were not driving safely. But in a real courtroom, the ticketing officer will probably just testify that your actions were dangerous. Although this is a conclusion—not really proof—it is usually enough to shift the burden of proof to you. (The judge will now expect you to show your actions were safe.) It is, therefore, important for you to be prepared to produce evidence that this was the case.

Talk to a Traffic Attorney

It's possible to fight a traffic ticket without the assistance of an attorney. However, a traffic attorney can normally increase the probability of beating a ticket. If you're thinking of contesting a turning ticket, it's probably a good idea to at least talk to an attorney about your situation.