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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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