Evading traffic signal - right on red w/ U turn

[bdirle888]

What is the name of your state (only U.S. law)? VA

§ 46.2-833.1. Evasion of traffic control devices.

It shall be unlawful for the driver of any motor vehicle to drive off the roadway and onto or across any public or private property in order to evade any stop sign, yield sign, traffic light, or other traffic control device.

I was given a ticket for violating this. I made a legal right on red followed by a legal U-turn and then went through the original intersection (which was still green). Since I never left the roadway, I feel like I have a shot at beating this in court. If the original intersection had been red when I got back to it and I stopped at it, would I still have "evaded" it?

Someone mentioned that going from one street to another can be considered going "off the roadway" to "public property," in which case I would fall under this...any clarification?

I am shooting for traffic school, but if I can't do it I have nothing to lose by fighting it.

(sorry i put this in the wrong forum originally)

 

[disneykid52]

aren't U-turns illegal?

 

[bdirle888]

aren't U-turns illegal?

§ 46.2-845. Limitation on U-turns.

The driver of a vehicle within cities, towns or business districts of counties shall not turn his vehicle so as to proceed in the opposite direction except at an intersection.

The U-turn I made was legal. It was at an intersection (that didn't have a no u turn sign) and there was no traffic around.

 

[FlyingRon]

The statute you are cited with is designed to keep people from cutting through gas stations and public parking lots to dodge the lights. I'd certainly protest that you did not leave the roadway (presuming that you didn't do so while making the U-ie.).

 

[xylene]

I made a legal right on red followed by a legal U-turn and then went through the original intersection (which was still green).

The right turn you describe is the crux of the is issue.

Was it a legal turn, or was it to evade a signal?

 

[FlyingRon]

The right turn you describe is the crux of the is issue.

Was it a legal turn, or was it to evade a signal?

Doesn't matter if he was evading the signal. That is not by itself illegal, only leaving the roadway to do so. As I said, this law exists to keep people from cutting through parking lots and other similar property to avoid the signal.

 

[racer72]

§ 46.2-845. Limitation on U-turns.

The driver of a vehicle within cities, towns or business districts of counties shall not turn his vehicle so as to proceed in the opposite direction except at an intersection.

The U-turn I made was legal. It was at an intersection (that didn't have a no u turn sign) and there was no traffic around.

So you are saying you made a right turn, drove to the next intersection, made a U-turn, then continued on through the previous intersection? It is physically impossible to make a right turn and a U-turn at the same intersection at the same time.

 

[FlyingRon]

So you are saying you made a right turn, drove to the next intersection, made a U-turn, then continued on through the previous intersection? It is physically impossible to make a right turn and a U-turn at the same intersection at the same time.

That's not what he was charged with. Further, the prohibition doesn't exist unless you are in a town, city, or county business district. Most of the commonwealth is outside of those things.

 

[racer72]

That's not what he was charged with. Further, the prohibition doesn't exist unless you are in a town, city, or county business district. Most of the commonwealth is outside of those things.

Being as the OP never stated exactly where the violation happened, you don't know this. I am also reading the statute a lot different than you, especially the way you rephrased it.

§ 46.2-845. Limitation on U-turns.

The driver of a vehicle within cities, towns or business districts of counties shall not turn his vehicle so as to proceed in the opposite direction except at an intersection.

I read this as U-turns are limited to intersections within cities, towns, or business districts of counties, not as business districts located within cities, towns or counties.

 

[bdirle888]

I made a right hand turn at one light, went to the next intersection down the road (which does not have a signal), made a U-turn, and went back through the original light. Two different intersections.

Regardless of my intentions, I still went through the original intersection - I didn't dodge the intersection, which I believe this is the intention of the law - for people cutting through gas stations and such. I guess the question is "Is making a right on red followed by a U-turn illegal?" What if it is done with the intention of beating the light? Does that make it illegal? I would say it is frowned upon, but is it actually illegal? What if the original light is red when you get back to it - are you still guilty of "evading" it?

I'm still going to go for traffic school if I can get it since it's a guarantee to keep the ticket off my record, but if I can't I do think it's worth a shot to argue.

 

[Alex23]

I understand the OP's situation. I do the same thing on a regular basis to get to work. When you can't turn left from a street it becomes necessary to turn right and then make a quick u-turn or circle around the block to the next street.

I hope I don't start getting tickets for the same maneuver.

 

[bdirle888]

When you can't turn left from a street it becomes necessary to turn right and then make a quick u-turn or circle around the block to the next street.

I hope I don't start getting tickets for the same maneuver.

That's the question here - obviously it's something police would prefer you not do, but if there are no other cars around, is it actually illegal?

 

[I_Got_Banned]

What if it is done with the intention of beating the light?

"Beating" the light or "evading the traffic signal"?

I'm not questioning the legality of your maneuver. I am suggesting you stay away from that line in court.

 

[bdirle888]

"Beating" the light or "evading the traffic signal"?

I'm not questioning the legality of your maneuver. I am suggesting you stay away from that line in court.

No, I'm no going to say I was trying to beat the light - but the officer sure will - that's why he wrote the ticket.

 

[Kiawah]

No, I'm no going to say I was trying to beat the light

You were just trying to be 'green', and do your part for ease global warming. Don't want to waste gas idling at a light, keep the vehicle moving!