Unsafe Movement Violation NC

[sfollenius]

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

I received a citation for unsafe movement today to the tune of $216. It was like 25 for the citation and 188 for court costs. Anyhow here is what happened, I do not agree with the officer and not so sure he applied the right citation for the scenario:

I was traveling Northbound on a 4 lane highway (speed limit 35mph) missed my turn and entered the center median (turning lane). Turned on my left turn signal and proceeded to make my u-turn. There was a motorcycle oncoming in the left lane but I felt I had plenty of time to make my turn so I did. The motorcycle was on the left lane, i made my u-turn in the right lane. The motorcycle happened to be a motorcycle cop he then pulled me over.

He stated I made an illegal u-turn and caused traffic to slow down (he was the only traffic around) there were no vehicles in the right lane I used. There was no "NO U-TURN" sign in this area, I guess his point was that he had to slow down. This was by no means a close call, any ideas?

NC has PJC which I could get so my insurance company will not charge me. but the company will see what it is, I have nothing else on my record.

I don't know if I can take a class, this was Henderson County and I know they offer the class for speeding tickets and reduce to "improper equipment" which is not chargeable at all, since it's not a moving violation.

As it stands I am looking at $150 insurance surcharge per year for 3 years (I am an Insurance Agent).

I have entertained an attorney, but no idea if that is worth my while cost wise, sure I will still have to pay court costs even if the ticket is dismissed. Seems this would be an easy one to get out of.

 

[1tenant]

There are good attorneys out there and not expensive.

When I call a lawyer I look for few things. if they listen and try to sell themselves.
What I mean by this is if they express interest in your case, have some good energy behind their conversation, take the time to call talk to you. and don't go strait to talk on how much it costs. I check also for background if they worked in DA's office or worked in the system prior to working private, so they have some inner understanding of whats going on..

Do some research on the statute also if you shop around.

I had a case in charlotte dismissed it had no court fees. I would find it out. it doesn't seem legal to do that if you are found not guilty. only fee was the lawyer.

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

I received a citation for unsafe movement today to the tune of $216. It was like 25 for the citation and 188 for court costs. Anyhow here is what happened, I do not agree with the officer and not so sure he applied the right citation for the scenario:

I was traveling Northbound on a 4 lane highway (speed limit 35mph) missed my turn and entered the center median (turning lane). Turned on my left turn signal and proceeded to make my u-turn. There was a motorcycle oncoming in the left lane but I felt I had plenty of time to make my turn so I did. The motorcycle was on the left lane, i made my u-turn in the right lane. The motorcycle happened to be a motorcycle cop he then pulled me over.

He stated I made an illegal u-turn and caused traffic to slow down (he was the only traffic around) there were no vehicles in the right lane I used. There was no "NO U-TURN" sign in this area, I guess his point was that he had to slow down. This was by no means a close call, any ideas?

NC has PJC which I could get so my insurance company will not charge me. but the company will see what it is, I have nothing else on my record.

I don't know if I can take a class, this was Henderson County and I know they offer the class for speeding tickets and reduce to "improper equipment" which is not chargeable at all, since it's not a moving violation.

As it stands I am looking at $150 insurance surcharge per year for 3 years (I am an Insurance Agent).

I have entertained an attorney, but no idea if that is worth my while cost wise, sure I will still have to pay court costs even if the ticket is dismissed. Seems this would be an easy one to get out of.

 

[FlyingRon]

What were you charged with? It'll be a number like 20-xxx.

The only outright bar to u-turns (other than signage) in NC is on controlled-access highways.

 

[sfollenius]

It's G.S. 20-154

 

[sfollenius]

G.S. 20-154 Page 1
§ 20-154. Signals on starting, stopping or turning.
(a) The driver of any vehicle upon a highway or public vehicular area before starting,
stopping or turning from a direct line shall first see that such movement can be made in safety,
and if any pedestrian may be affected by such movement shall give a clearly audible signal by
sounding the horn, and whenever the operation of any other vehicle may be affected by such
movement, shall give a signal as required in this section, plainly visible to the driver of such
other vehicle, of the intention to make such movement. The driver of a vehicle shall not back
the same unless such movement can be made with safety and without interfering with other
traffic.
(a1) A person who violates subsection (a) of this section and causes a motorcycle
operator to change travel lanes or leave that portion of any public street or highway designated
as travel lanes shall be responsible for an infraction and shall be assessed a fine of not less than
two hundred dollars ($200.00). A person who violates subsection (a) of this section that results
in a crash causing property damage or personal injury to a motorcycle operator or passenger
shall be responsible for an infraction and shall be assessed a fine of not less than five hundred
dollars ($500.00).
(b) The signal herein required shall be given by means of the hand and arm in the
manner herein specified, or by any mechanical or electrical signal device approved by the
Division, except that when a vehicle is so constructed or loaded as to prevent the hand and arm
signal from being visible, both to the front and rear, the signal shall be given by a device of a
type which has been approved by the Division.
Whenever the signal is given the driver shall indicate his intention to start, stop, or turn by
extending the hand and arm from and beyond the left side of the vehicle as hereinafter set forth.
Left turn – hand and arm horizontal, forefinger pointing.
Right turn – hand and arm pointed upward.
Stop – hand and arm pointed downward.
All hand and arm signals shall be given from the left side of the vehicle and all signals shall
be maintained or given continuously for the last 100 feet traveled prior to stopping or making a
turn. Provided, that in all areas where the speed limit is 45 miles per hour or higher and the
operator intends to turn from a direct line of travel, a signal of intention to turn from a direct
line of travel shall be given continuously during the last 200 feet traveled before turning.
Any motor vehicle in use on a highway shall be equipped with, and required signal shall be
given by, a signal lamp or lamps or mechanical signal device when the distance from the center
of the top of the steering post to the left outside limit of the body, cab or load of such motor
vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post
to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply
to any single vehicle, also to any combination of vehicles except combinations operated by
farmers in hauling farm products.
(c) No person shall operate over the highways of this State a right-hand-drive motor
vehicle or a motor vehicle equipped with the steering mechanism on the right-hand side thereof
unless said motor vehicle is equipped with mechanical or electrical signal devices by which the
signals for left turns and right turns may be given. Such mechanical or electrical devices shall
be approved by the Division.
(d) A violation of this section shall not constitute negligence per se. (1937, c. 407, s.
116; 1949, c. 1016, s. 1; 1951, cc. 293, 360; 1955, c. 1157, s. 9; 1957, c. 488, s. 2; 1965, c. 768;
1973, c. 1330, s. 19; 1975, c. 716, s. 5; 1981, c. 599, s. 4; 1985, c. 96; 2011-361, s. 1.)

 

[sfollenius]

At no point did the policy motorcycle change out of the left lane of travel, that would seem to be the only way this would apply. Plus, I used my turn signal to make the u-turn.

I think an attorney will have a field day with this one.

 

[Zigner]

At no point did the policy motorcycle change out of the left lane of travel, that would seem to be the only way this would apply. Plus, I used my turn signal to make the u-turn.

I think an attorney will have a field day with this one.

What part of this did you miss?

§ 20-154. Signals on starting, stopping or turning.
(a) The driver of any vehicle upon a highway or public vehicular area before starting,
stopping or turning from a direct line shall first see that such movement can be made in safety,

The oncoming traffic had to take action in order to avoid a collision with you.

 

[sfollenius]

The officer does state he had to slow down, I don't buy it, there was plenty of room there. I guess I just need to go see an attorney to see what they say.

 

[Zigner]

The officer does state he had to slow down, I don't buy it, there was plenty of room there. I guess I just need to go see an attorney to see what they say.

If the movement you made caused somebody else to have to take action to avoid an accident, then the movement you made was not made safely.