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Judges interpret left turn traffic statute

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Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.

The state’s intermediate appellate court interpreted Indiana Code 9-21-8-21 that was crafted two decades ago, finding that it isn’t specific about which lane right of the center line a person must turn into when turning left from an intersection.

That ruling came in Ken Gunn v. State of Indiana, No. 49A02-1102-CR-82.

An Indianapolis Metropolitan Police Department officer observed Ken Gunn making a left turn in June 2010 onto a four-lane road with two lanes in each direction. In making that turn and entering the southbound lanes, Gunn didn’t turn into the lane closest to the center line but instead swung out into the other lane. Believing that turning left into a lane other than the one closest to the center line was a traffic infraction, the officer initiated a traffic stop.

The officer asked Gunn for his driver’s license and routinely asked if any guns were in the car, to which Gunn responded that he had one in a holster on his right hip and that he had a permit. The officer found the permit expired three weeks earlier and wasn’t renewed, and so he arrested the driver. The state charged Gunn with Class A misdemeanor carrying a handgun without a license. Gunn filed a motion to suppress the gun on grounds it was obtained as the result of an illegal traffic stop, but the Marion Superior Court denied that motion after a hearing.

On appeal, Gunn argued that any evidence obtained at the time should be suppressed because the traffic stop violated his Fourth Amendment and state constitutional rights. Specifically, Gunn contended the officer’s justification for the stop was invalid.

The appellate judges analyzed IC 9-21-8-21, which says a person making an intersection turn must “make the left turn so as to leave the intersection to the right of the center line of the roadway being entered.”

“The statute does not specify which lane the driver must enter if there is more than one lane for traffic in that direction,” Senior Judge Patrick Sullivan wrote. “Rather, the only requirement is that the driver must enter a lane to the right of the center line.”

Despite the state’s argument that the turn must be made into the lane closest to the center line, the appellate judges disagreed with that reading of the statute’s clear language. If the Legislature had intended that, they could have specified as they did in a subsection focusing on right-hand turns. Even if the state’s reading would be more conducive to traffic safety, the court found no reason to require that based on the law.

The appellate court declined an invitation to hold that this was a situation where an officer’s good faith belief, later to be found incorrect, may be objectively reasonable at the time of the assessment and sufficient to justify an investigatory stop.

As a result, the appellate panel reversed the judgment, finding the trial court erred in denying Gunn’s motion to suppress the evidence.
 

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  • Left Turn Laws
    My friend insists that in a situation where you come upon an intersection with a left turn only lane/arrow, when the left arrow and circular signal for straight through traffic are both green and the left turn traffic is turning onto a multi-lane roadway, it is lawful for the lane closest the left turn only lane to also make a left turn. I disagree with him in the fact that the left turn lane indicates that it is a left turn ONLY lane. This particular question applies to intersections where you may turn left after the green arrow is distinguished, but you still have a green circular light for through traffic, providing there is no oncoming traffic. Can you please verify this
  • Driving on a collission course.
    The officer was correct in his view that the driver of a passenger type vehicle(not a semi which needs more room in which to make a turn)should make his or her left turn into the closest possible lane to the center line as to avoid a possible conflict with other traffic and a question of who has more of a right of way when those other motorists that are making legal right hand turns from the opposite direction onto the same roadway collide with each other. Been to the mall lately? If driver's know exactly which lane they should be turning in and are then does'nt this increase better traffic flow? Oh but wait this leaves out those driver's who are still waiting to decide on a destination until they get there! We know that in todays environment of cell phones and driving and every other driving distraction you can think of this is a common occurance even without bad weather or reduced visibility. If the Indiana statute does not say this specifically enough for these judges then maybe it is time to re-write it. Too many driver's on the road these days drive like it is a competition or a free for all. Hence the spike in aggressive driving complaints, and new laws aimed to deal with aggressive and road rage type driving. Instead of passing new laws in an attempt to make the voters happy, how about assisting the police to enforce the ones we already have on the books? Or writing these laws in a way that anyone intelligent enough to have a driver's license could understand.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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