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failure to signal used as probable cause

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lucey2

Junior Member
What is the name of your state? Missouri

After leaving private property at 2:00 AM in Independence, I was pulled over for failure to signal. (In Independence anyone out after midnight gets pulled over because of the city's meth reputation). I have looked in the state driver's manual and gone over city and state ordinances, but cannot find anything explaining the laws of using your signal when leaving private property. Everything describes using your signal soon enough to inform the drivers behind you of your next move such as changing lanes or getting into the turn lane. Please help.
 


HomeGuru

Senior Member
lucey2 said:
What is the name of your state? Missouri

After leaving private property at 2:00 AM in Independence, I was pulled over for failure to signal. (In Independence anyone out after midnight gets pulled over because of the city's meth reputation). I have looked in the state driver's manual and gone over city and state ordinances, but cannot find anything explaining the laws of using your signal when leaving private property. Everything describes using your signal soon enough to inform the drivers behind you of your next move such as changing lanes or getting into the turn lane. Please help.
**A: where exactly was the change from private to public property and what was stated on the citation?
 

lucey2

Junior Member
Re: Re: failure to signal used as probable cause

HomeGuru said:
**A: where exactly was the change from private to public property and what was stated on the citation?

Thanks for responding. I was leaving a parking lot. I pulled up to the edge of a wide parking lot, (no curbs to constrict where to enter or exit it) checked for oncoming cars, and turned left onto the street. The only thing the ticket says is "failure to signal".In section marked "location", it states "WB 40 Hwy at" and that's it
 
M

Mike101

Guest
The cop wrote you the ticket because he/she thought you broke the law.
Coming off of private property you do not need to use a signal. Just like you can't be cited for a stop sign violation for not coming to a stop at a parking lot stop sign.
Get a copy of the law and the DA should dismiss and hopefully someone will clear it up for the officer.
 

racer72

Senior Member
Mike101, your are wrong. Traffic laws apply to the public right of way, not just the actual road surface. The right of way can extend for the edge of the road up to 20 feet from the curb. Traffic control device at these locations are there for a reason, in fact, many laws require them to be installed. And also in most states, if you read the legal definition of a public roadway, it includes the words right of way. I have heard that excuse used as a defense many times and I still have yet to see a citation dismissed on those merits alone. Without investigating the state and local laws that apply to the OP's citation, from just what is posted, I would be willing to bet the citation is valid.
 

lucey2

Junior Member
There was no traffic control device. I was leaving a hotel parking lot. When traveling on the road you can pull into this lot at any point for a length of at least 500 feet. The first 100 feet is in front of the hotel, the next 100 in front of a liquor store, the next 100 in front of a shoe shop, and so on.
 
M

Mike101

Guest
I don't believe Missouri motor vehicle law backs up your arguement.
 

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