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"Unsafe left turn" -- can I fight it?

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ilyaz

Junior Member
What is the name of your state (only U.S. law)? MD

This happened to me in PG County about a week ago, in a large parking area of a shopping plaza. This area is divided into separate parking lots in front of different stores. In the middle of the area there is also a path that leads to a large street nearby. There are parking lots and stores on both sides of the path.

I was exiting one of the lots onto the path and wanted to make a left turn.

Each exit from the lot is two-car wide. Since it's not marked as one-way, I assumed that, as usual, you exit the parking lot on the right and you enter on the left. As I was getting into my car, I noticed two police cars on the same parking lot. It looked like there was some minor activity there like a fender bender and they just finished their investigation. One of the two cops drove to one of the exits and I approached the same exit.

The cop stopped at the exit, but he was standing on the LEFT side of the exit facing outwards. I approached the exit on the RIGHT side and stopped. I assumed that the cop that was standing to the left of me was either observing traffic or waiting for the other cop to catch up. So I looked both ways and determined that I could safely make a left turn. The path was not car-free, but they were far enough for me to turn.

As soon as I made my turn, the cop pulled me over. He claimed that he was actually planning to go STRAIGHT to a parking lot on the other side of the path, and then gave me a ticket for making an unsafe left turn.

Can I go to court and plead not guilty hoping to get the ticket dismissed. Wasn't the cop actually violating the rules by standing on the left side of the exit? Is there anything that I can say in my defense to make a convincing argument? Or am I better off pleading "guilty with explanation"?

The ticket itself is not huge: $90. But I am afraid that my insurance premium might go up considerably since I recently had a small accident after which the premium already went up.

Thanks.
 


ilyaz

Junior Member
the charge is listed as "21-604 (B) Driver making turn onto private road when unsafe"
title 21
sub-title 604
paragraph code B
 

HighwayMan

Super Secret Senior Member
FYI...

§ 21-604.

(b) A person may not turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move it right or left on a roadway or from a shoulder or bikeway onto a roadway, unless the movement can be made with reasonable safety.

 

HighwayMan

Super Secret Senior Member
Wasn't the cop actually violating the rules by standing on the left side of the exit? Is there anything that I can say in my defense to make a convincing argument? Or am I better off pleading "guilty with explanation"?
Considering the roadway (parking lots) it might be difficult to show that this was the case if there were no pavement markings.

I am not familiar with the courts in Maryland so I can't say if they plea bargain and if they do to what extent.

When is your court date? I have a co-worker who is a former MD state trooper so I'll try to get some feedback from him.
 

You Are Guilty

Senior Member
What specific reasons did you base your assumption that the RMP was "either observing traffic or waiting for the other cop to catch up"? This seems to be the prime area in which to defend yourself. Were any his lights (inc. directionals and brakes)? How long was his car stationary for?
 

ilyaz

Junior Member
When is your court date?
It has not been set yet, so I am assuming it's at least a few weeks away.

What specific reasons did you base your assumption that the RMP was "either observing traffic or waiting for the other cop to catch up"? This seems to be the prime area in which to defend yourself. Were any his lights (inc. directionals and brakes)? How long was his car stationary for?
His turn signals were off (which is logical considering he was planning to go straight). His brake lights were on. I guess I made this assumption based on the fact that he was standing on the left side of the exit as opposed to the right side. His car was probably stationary for less than a minute by the time I approached the exit.
 

You Are Guilty

Senior Member
During that ~1 minute, had he wanted to pull forward, were there any breaks in the traffic that would have allowed him to do so? (Your argument being that he clearly was sitting in that lane, not intending on moving and you had no alternative but to go around him. The law doesn't require you to indefinitely sit behind a car that isn't going to move).
 

ilyaz

Junior Member
During that ~1 minute, had he wanted to pull forward, were there any breaks in the traffic that would have allowed him to do so? (Your argument being that he clearly was sitting in that lane, not intending on moving and you had no alternative but to go around him. The law doesn't require you to indefinitely sit behind a car that isn't going to move).
I can't remember, but this is a good point, thanks.
 

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