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tristan · 02-08-2011, 09:13 PM

Need info on "Failed to Signal Turn" violation. Where do I find the legal statute in my area.

So recently I was given a citation for Failed to Signal Turn in a suburb of Houston, Texas. I was coming out of a very popular “Town Center Complex”. Lots of bars, restaurants, shopping, etc..I pulled out into a main highway turning right. Leaving the complex you go into a one lane, right turn only exit. No cross over option. No left turn option. You can only go right. Not even a stop sign if I recall correctly. Officer says I “failed to signal”. Do I have a case? Basically I was correctly turning with traffic into a one way street. Was there a need to signal when there is only one option to turn?

Incidentally the officer was an asshole. I know many of the LE I my area. He wanted to write me my ticket as fast as her could and move on. Before I could get turned around he already had another car pulled over for the same thing that was turning right in a right turn only lane. I even pulled over and videoed him and got the plate number of the other car. He pulled 4 cars for same turn signal violation in 15 minutes. All in turn only lanes.

If I have a case I want to front him out. Posting here now. But am going to call legal counsel tomorrow. I have respect for our officers, but not for those that want to make a name for themselves stacking up petty shit like this. What an asshole. I am by no means afraid of confronting him if he was wrong. His arrogance just pissed me off. If I give you respect then you should give it back. If he is wrong I will make sure he knows. And I will make sure his fellows know how this asshole is spending his time. Think I will call my friends in the local publications as well.

Thanks for the advise for those that offer.

KinkyNasty · 02-09-2011, 12:15 AM

I have no advise to give you, as I'm no expert. But what that a-hole cop did to you sounds bout as retarded as the infamous Christmas social. Assholes!

I do hope you calls his ass out and win the case.

16yearitch · 02-09-2011, 03:00 AM

I would take pictures of the intersection. If it has a big white arrow pointing right and a sign that says Right turn only, I think you have a "common man" defense.
The common man would understand that "right" is the only way to go. No signal needed.
But that's just common sense, which has nothing to do with "law"

Goloso33 · 02-09-2011, 04:32 AM

Here is a link to the Texas Drivers Handbook:
http://www.txdps.state.tx.us/DriverL...ments/DL-7.pdf

On chapter 6, page 1 (6-1), it states:

Quote:

A good driver always lets others know if he is going to turn or stop. Your signal
helps others plan ahead. A surprise move often results in crashes. Be
alert–watch and give signals.
ALWAYS SIGNAL when you are going to:
1. Change lanes.
2. Make a turn.
3. Pull away from a parking space which is parallel to the curb.
4. Slow down or stop.

So, according to this, the officer did have the right to give you a ticket because you did "(2) Make a turn." I understand your reasoning as to why a signal is not needed in that situation, but as 16yearitch said, "But that's just common sense, which has nothing to do with law."

essence · 02-09-2011, 06:17 AM

Why don't they give, instead, tickets for changing lanes on the freeway without indicating, or, better, give tickets to those a**holes who are behind you, see the indicator, and then close the gap as you are about to move into it?

Or, better, give a ticket to those drivers (the majority) who don't even see the indicator, and get annoyed when you move in front of them, they were so busy looking in their mirror doing their makeup - and that's the guys!

Hunteradventurer · 02-09-2011, 07:27 AM

Sounds like it was PROBABLE CAUSE, in other words just a excuse to pull you over and check you out for a more serious offenses (DUI, DRUGS, ETC). Doesn't make it right but they can follow you and eventually you are going to make a minor violation that will open the door for them to have Probable Cause to pull you over.

Wakeup · 02-09-2011, 07:38 AM

I took Drivers Ed up north, so it doesn't apply, but the rule up north is that a turn signal is required for any turn in which the driver has a choice of directions, including changing lanes. Obviously that means left turn and right turn only lanes don't require signals since you don't have a choice. I guess I'm just ripe for the picking down here since that's how I drive...

boardman · 02-09-2011, 08:49 AM

Quote:

Originally Posted by Goloso33

Here is a link to the Texas Drivers Handbook:
http://www.txdps.state.tx.us/DriverL...ments/DL-7.pdf

On chapter 6, page 1 (6-1), it states:

So, according to this, the officer did have the right to give you a ticket because you did "(2) Make a turn." I understand your reasoning as to why a signal is not needed in that situation, but as 16yearitch said, "But that's just common sense, which has nothing to do with law."

That's a suggestion not a statute.
IMO, you use a turn signal to "signal" your intent. As Wakeup(the Yankee

) said, if you are in a lane that has only one option, by choosing that lane you have already signaled your intent.
Would a reasonable person expect you to do something other than what the lane is designated for?
Cop was pissed at his girlfriend or had just gotten his ass chewed for not writing enough tickets probably or maybe he had just had a perfectly useful thread on his silly cop message board closed for no good reason...

Wayward · 02-09-2011, 10:42 AM

Cops hate having their threads closed... just sayin. Have to agree with essence if this was the worst traffic offense they could find in that part of town somebody wasn't trying very hard. With out being racing, there are some really "interesting" drivers in that part of town. We did see a seven car pile up once in a parking lot you could hit with a rock from that intersection. It wasn't a turn signal issue by the way...

While we get the probable cause thing, most drunkens drive poorly enough to kind of stand out from the crowd. We would also hope there wasn't some more serious crime happening in that complex while the turn signal from a stopped right hand turn with no other choices police were keeping the world safe from that nightmare.

Jusanotherdude · 02-09-2011, 11:11 AM

Quote:

Originally Posted by Hunteradventurer

Sounds like it was PROBABLE CAUSE, in other words just a excuse to pull you over and check you out for a more serious offenses (DUI, DRUGS, ETC). Doesn't make it right but they can follow you and eventually you are going to make a minor violation that will open the door for them to have Probable Cause to pull you over.

There is the right answer...... You said yourself you were exiting an are a of Bars and restaurants..... Places like these are havens for Johnny to pull over every Tom, Dick, and Harry with anything they can slap that "Probable cause" BS with..... It is worse in some areas than others, but Hunteradventurer is spot on...... if he didn't get you for that, he was gonna pull you over for something...... but usually when they aren't complete assholes and they have nothing else on you, they usually slap a warning on you.......

Best advice is to ask for some form of deferred judication or something of the like, and just pay the $35 or so court fee....... Problem with fighting something like that is that you usually spend more money on fees and other BS trying to fight it than to go at it the way I stated above........ But EVERYONE involved knows exactly why you got stopped and it had nothing to do with turning right on a right only w/o a signal......

Sorry for your bad luck..... but thankful it didn't turn out worse for you.

JaD

texan361 · 02-09-2011, 03:52 PM

Jusanotherdude is right, the time and money to fight this is well more than what you would pay for the ticket. Texas Transportation Code chapter 545 (I think off the top of my head) has a section that discusses the use of turn signals and when to use them. There is case law (most often associated with DWI arrests) that talks about when you actually have to signal and when you don't (like when using an exit ramp). It sounds like for the sake of argumments, IF you decided to challenge this ticket, you do have some basis for a defense. I would not know that for sure without seeing the location that this occurred. Good luck Brother.

live4fun · 02-09-2011, 04:06 PM

Hunter is right, but outside of some time, I would take it to court, see if the cop even shows up.

JohnnyFarangly · 02-09-2011, 04:22 PM

You should have waited, followed the cop when he left and wrote down the first time he did not signal a real turn.
You already had his name and badge #, you could have filed charges.

HPD is bad about doing these BS tickets just to get $$ out of most of those ticketed and who just pay it.

I got a similar BS ticket for a non-moving violation. Went to court, the judge said, "You have to have a trial to plead not guilty and will have to set a date and return. but, I will let you go for just court costs, $45." So, I paid and left.

Talk to a ticket attorney.

LexusLover · 02-09-2011, 06:25 PM

You were supposed to give a signal, even if it is the only way to turn. It is a reason for a stop, but not PC for a dwi standng alone.

NorthWood · 02-09-2011, 08:12 PM

Get one of these local traffic ticket attorneys. If you are represented by one of the local name attorneys, the LE will mysteriously fail to show up and your case will be dismissed. The attys. have always charged less than the fine amount; shop around for the lowest price. You must attend court; in most courts those w/ attys. move to the front of the crowd - On average I've been out in 1 to 1-1/2 hours. This has only failed once, when a notorious hard-ass Harris Co. LE who wouldn't play the game caused me to have to take defensive driving. I've done this in Houston City and Harris County courts - I think you may be in Fort Bend County - I wouldn't be surprised if you can arrange a similar happy ending there.