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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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