• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

U-turn violation without a "No U-turn" sign?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JElway

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

I was cited for a u-turn violation in Boston, MA, and I'm trying to figure out if I should appeal the citation.

I was traveling northwest on Congress St, approaching the intersection with B Street. There are three lanes at the traffic light; one left turn-only lane, one for left turn or going straight and one for going straight or a right turn. In case it's relevant, there is a small median which separates the traffic going northwest from the traffic going in the opposite direction (https://maps.google.com/?ll=42.349348,-71.043036&spn=0.001455,0.001312&t=h&z=20).
There aren't any "No U-turn" signs posted (https://maps.google.com/?ll=42.349267,-71.043139&spn=0.001455,0.001312&t=h&z=20&layer=c&cbll=42.349267,-71.043139&panoid=MlWEO116ms7919DEkxYT-Q&cbp=12,288.45,,0,5.06).
I was in the far left lane and when the light turned green (with a green arrow, i.e. no oncoming traffic) I made a u-turn which is when I was immediately waved over to the side by a state police office who had been waiting right at that spot. He gave me a $100 citation for a "U-Turn Violation".
When the officer told me that he had pulled me over for an illegal u-turn I asked him how that was possible since there was no sign posted prohibiting a u-turn. His response was that when it says "left turn only", you're only allowed to make a left turn.

I was frankly in disbelief because a) there are plenty of "left turn-only" intersections in Boston with "no u-turn" signs posted (which really isn't necessary if it's illegal to make a u-turn from a left turn-only lane) and b) I can't even figure out what the signage would have to be to allowed a u-turn (unless one should not expect u-turns to be legal in the first place).

I asked a friend who is a Boston police officer and he said that he thought technically it was an offense, but it was "splitting hairs" and he thought I had a 70% chance to have the magistrate drop the citation.

I'd appreciate any further thoughts or perspective anybody can offer - thanks a lot in advance!

The offense I was cited for is chapter 89 - section 9 (see below).

"Section 9. The department of highways may designate any state highway or part thereof as a through way and may designate intersections or other roadway junctions with state highways at which vehicular traffic on one or more roadways should stop or yield and stop before entering the intersection or junction, and the department may, after notice, revoke any such designation. The department of highways on any state highway or part thereof so designated as a through way, or on any way where the department has designated such way as intersecting or joining with a state highway, shall erect and maintain stop signs, yield signs and other traffic control devices.

The local authorities of a city or town authorized to enact ordinances or by-laws, or make rules, orders or regulations under the provisions of section twenty-two of chapter forty may in accordance with the provisions of section two of chapter eighty-five of the General Laws, including department approval when required, designate any way or part thereof under the control of such city or town as a through way and may designate intersections or other roadway junctions at which vehicular traffic on one or more roadways shall stop or yield and stop before entering the intersection or junction, and may, after notice and like department approval, when required, revoke any such designation. Such local authorities of a city or town having control of any way or part thereof so designated as a through way shall erect and maintain stop signs, yield signs and other traffic control devices at such designated intersections or junctions.

Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign or a flashing red signal indication shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The driver of a motor vehicle shall not cross or enter an intersection, which it is unable to proceed through, without stopping and thereby blocking vehicles from travelling in a free direction. A green light is no defense to blocking the intersection. The driver must wait another cycle of the signal light, if necessary.

For the purposes of this section the word, �vehicle�, shall include a trackless trolley.

Any person violating the provisions of this section shall be punished by a fine not to exceed $150 for each offense."
 


Living in Southy for many years, taught me how to drive in a defensive posture 100% of the time. The #1 rule when driving through Boston is to get there before the car in front of you without causing provable contact.
Fight the ticket! 92.3% of the time the Statey wont show up.

Waste of a day is the fine.
Good luck.
 
Last edited by a moderator:

OHRoadwarrior

Senior Member
Apparently you did not explain to the officer you complied with the sign by making a left turn, then immediately making a second left turn.
 

Salsawood

Junior Member
U-Turn violation Beantown

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

I was cited for a u-turn violation in Boston, MA, and I'm trying to figure out if I should appeal the citation.

I was traveling northwest on Congress St, approaching the intersection with B Street. There are three lanes at the traffic light; one left turn-only lane, one for left turn or going straight and one for going straight or a right turn. In case it's relevant, there is a small median which separates the traffic going northwest from the traffic going in the opposite direction (https://maps.google.com/?ll=42.349348,-71.043036&spn=0.001455,0.001312&t=h&z=20).
There aren't any "No U-turn" signs posted (https://maps.google.com/?ll=42.349267,-71.043139&spn=0.001455,0.001312&t=h&z=20&layer=c&cbll=42.349267,-71.043139&panoid=MlWEO116ms7919DEkxYT-Q&cbp=12,288.45,,0,5.06).
I was in the far left lane and when the light turned green (with a green arrow, i.e. no oncoming traffic) I made a u-turn which is when I was immediately waved over to the side by a state police office who had been waiting right at that spot. He gave me a $100 citation for a "U-Turn Violation".
When the officer told me that he had pulled me over for an illegal u-turn I asked him how that was possible since there was no sign posted prohibiting a u-turn. His response was that when it says "left turn only", you're only allowed to make a left turn.

I was frankly in disbelief because a) there are plenty of "left turn-only" intersections in Boston with "no u-turn" signs posted (which really isn't necessary if it's illegal to make a u-turn from a left turn-only lane) and b) I can't even figure out what the signage would have to be to allowed a u-turn (unless one should not expect u-turns to be legal in the first place).

I asked a friend who is a Boston police officer and he said that he thought technically it was an offense, but it was "splitting hairs" and he thought I had a 70% chance to have the magistrate drop the citation.

I'd appreciate any further thoughts or perspective anybody can offer - thanks a lot in advance!

The offense I was cited for is chapter 89 - section 9 (see below).

"Section 9. The department of highways may designate any state highway or part thereof as a through way and may designate intersections or other roadway junctions with state highways at which vehicular traffic on one or more roadways should stop or yield and stop before entering the intersection or junction, and the department may, after notice, revoke any such designation. The department of highways on any state highway or part thereof so designated as a through way, or on any way where the department has designated such way as intersecting or joining with a state highway, shall erect and maintain stop signs, yield signs and other traffic control devices.

The local authorities of a city or town authorized to enact ordinances or by-laws, or make rules, orders or regulations under the provisions of section twenty-two of chapter forty may in accordance with the provisions of section two of chapter eighty-five of the General Laws, including department approval when required, designate any way or part thereof under the control of such city or town as a through way and may designate intersections or other roadway junctions at which vehicular traffic on one or more roadways shall stop or yield and stop before entering the intersection or junction, and may, after notice and like department approval, when required, revoke any such designation. Such local authorities of a city or town having control of any way or part thereof so designated as a through way shall erect and maintain stop signs, yield signs and other traffic control devices at such designated intersections or junctions.

Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign or a flashing red signal indication shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The driver of a motor vehicle shall not cross or enter an intersection, which it is unable to proceed through, without stopping and thereby blocking vehicles from travelling in a free direction. A green light is no defense to blocking the intersection. The driver must wait another cycle of the signal light, if necessary.

For the purposes of this section the word, �vehicle�, shall include a trackless trolley.

Any person violating the provisions of this section shall be punished by a fine not to exceed $150 for each offense."
~ ~ ~
I am confused. I read through the violation section quickly, maybe I missed something.
There is nothing in this section that mentions u-turns or left turns.

I searched illegal u-turn in MA, and found the same section.
What does your ticket say, exactly.
Traffic code, description. Does it say illegal u-turn?
Location of ticket.

Generally it is illegal to make a u-turn in a business district, not sure if this is considered a business district.
I have had similar discussions w/ friends.
An intersection that has 2 lanes, left turn and right turn arrows, but the road continues across the roadway, perhaps an on ramp.
Can you go straight across ?

An intersection nearby here in NH has conflicting arrows painted on the road, from turn arrows on the traffic light.

That intersection looks like a setup where one should not make a u-turn, but show me the code that says no u-turn on a left arrow.
Search for codes or rules of the road that talk about tuns, arrows on the pavement.

Did I miss something?
Is here ANY mention in this section about turns at all.
Yield, stop, other things.
I see NOTHING that mentions anything you did wrong.

The argument, exclusive view, is that the left arrow indicates you cannot go straight. You must turn left, at least left.
The middle lane, left-straight arrow tells you you can go straight, and you can also turn left from the middle lane onto I-93, something you would not expect to do from a middle lane.
The right lane has no arrows. Does that mean you cannot turn left from the right lane ?

This should be an easy conclusion. If you cannot make a u-turn when a left arrow is painted, show me something that states that to be so.

The key is, to bring information into court to show a judge or hearing officer.
Not sure how it is done in Boston.
If there are intersections that specifically display no u-turn when there is a left turn arrow, take photos.
Demonstrate the difference in the installations of these signs.
Search the MUTCD manual on uniform traffic control devices from the US DOT Federal Highway Amin
Search if MA has their own version which might have changes.
This is what every state uses.

The u-turns specified as illegal in a business district are on undivided roads, not where you have a divider like where you were.

Puzzled.
 
Last edited by a moderator:

quincy

Senior Member
~ ~ ~
I am confused. ... Did I miss something?

... Not sure how it is done in Boston. ...

Puzzled.
Yup, confused and puzzled is what you seem to be, Salsawood. ;)

And you did miss something - the posting date on this thread, for one thing, and you missed the fact that, if you do not know anything about Boston or Massachusetts and cannot locate anything of relevance through research, your contribution to (an old) thread will probably not be all that valuable to the original poster.

As I suggested to you in another thread, it might be time for you to concentrate on fighting your own Florida ticket instead of posting unnecessarily long posts like this latest one, talking about how confused you are.
 

Salsawood

Junior Member
Yup, confused and puzzled is what you seem to be, Salsawood. ;)

And you did miss something - the posting date on this thread, for one thing, and you missed the fact that, if you do not know anything about Boston or Massachusetts and cannot locate anything of relevance through research, your contribution to (an old) thread will probably not be all that valuable to the original poster.

As I suggested to you in another thread, it might be time for you to concentrate on fighting your own Florida ticket instead of posting unnecessarily long posts like this latest one, talking about how confused you are.
I did research and found nothing to support this citation for illegal u-turn, cause to fight a similar charge.
 
Last edited by a moderator:

JElway

Junior Member
UPDATE 1 - I did challenge the ticket and have a court date set towards the end of the month.

UPDATE 2 - I went back to the intersection today where I got the ticket and found.... a newly-posted "No U-Turn" sign!!
Not sure yet if this will help or hurt my case because I did not go and take pictures of the intersection right after I got the ticket, but I do have the Google StreetView images showing that there was no U-turn sign before. The original ones I posted were from July 2007, but after checking again today, the latest Google StreetView images are from August 2013 - one month before I got my ticket.

Question is whether I should try to (or even have a chance) to find out from the City of Boston when exactly the new "No U-Turn sign" was posted.
 

davew128

Senior Member
Question is whether I should try to (or even have a chance) to find out from the City of Boston when exactly the new "No U-Turn sign" was posted.
Why would you NOT request it? I know dealing with Mumbles' office is a pain but this is an effort you should make.
 

JElway

Junior Member
Why would you NOT request it? I know dealing with Mumbles' office is a pain but this is an effort you should make.
Fair question - I guess if I knew that my case was already strong enough based on the Google StreetView pictures or that there is no way to actually get that info from the city. I will do the due diligence and see what I can find out on-line.

In general, I'm still trying to figure out if I was even cited for the "correct" offense (U-turn violation under chapter 89 - section 9) and whether it truly is illegal to make a u-turn even when there is no "no u-turn" sign posted.
 

JElway

Junior Member
UPDATE - I received e-mail confirmation from Massport that the "No U-Turn" sign was posted only roughly three weeks ago (at the request of State Police - no reason given), i.e. the sign was not yet posted on the day of my citation.

Will see the magistrate tomorrow armed with all the evidence.
 

JElway

Junior Member
FINAL UPDATE - I was found "responsible" by the magistrate, but the fine was reduced to $50.

Very disappointing outcome; surprisingly to me, the clerk and the state police officer almost seemed to be working in concert, interjecting questions and random statements during my statement - likely in an attempt to intimidate (and get the hearing over with).
 

davew128

Senior Member
FINAL UPDATE - I was found "responsible" by the magistrate, but the fine was reduced to $50.

Very disappointing outcome; surprisingly to me, the clerk and the state police officer almost seemed to be working in concert, interjecting questions and random statements during my statement - likely in an attempt to intimidate (and get the hearing over with).
The law has changed since I lived there but IIRC you can still appeal this to a judge, right? And FWIW, most magistrates would have tossed this citation, especially at BMC.

If nothing else, you may want to still fight it because of the insurance surcharge.
 

JElway

Junior Member
Correct - I have to make that decision essentially today and pay a fee of $50 if I want to appeal the decision to a judge.

On the one hand, I feel like I was seriously wronged (and the behavior of the police officer in court was absolutely unacceptable today) and I do not want to pay the higher insurance nor go to an 8-hr drivers training course (which also costs $125).

On the other hand, I am wondering if I should just cut my losses given the uncertainty about what a judge would say (and the costs involved in case I want to reassure myself by talking with a lawyer first).
 

davew128

Senior Member
Well in court its more formal. Magistrate's hearings, while official, are very informal. Providing the language of the statute and proof of no sign at the time will go a lot further with the judge than the magistrate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top