Legal Question in Traffic Law in Wisconsin
Can I be cited for allegedly illegally passing a left turning vehicle on the right under Wis. Stat's 346.10 while Wis. Stat's 346.08 specifically allows a right hand pass of a left turning vehicle.
2 Answers from Attorneys
Yes, there are many roads where passing on the right is prohibited, for example, at intersections where the right lane is dedicated to right turns only. Even where allowed, a pass on the right is legal when it can be done safely. Having an "at fault" accident while executing such a maneuver generally rules out the possibility that you accomplished it safely, making a citation likely for you. Otherwise, you do not provide enough detail for me to evaluate the potential legality of the right turn which was on your mind when you posted this question. Regardless of whether or not you deserved the citation, however, an experienced traffic lawyer can often negotiate a resolution which will not make fault in causing the accident obvious from your record, often avoiding demerit points as well. You therefore owe it to yourself to at least have a telephonic consultation with such a lawyer any time you receive a citation. The insurance cost savings are often far greater than what you spend on the lawyer or on the fine if the charge is so amended. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically designed for you. Instead, you should retain a lawyer in order to meet your legal needs since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information if you desire it.
Yes, there are many roads where passing on the right is prohibited, for example, at intersections where the right lane is dedicated to right turns only. Even where allowed, a pass on the right is legal when it can be done safely. Having an "at fault" accident while executing such a maneuver generally rules out the possibility that you accomplished it safely, making a citation likely for you. Otherwise, you do not provide enough detail for me to evaluate the potential legality of the right side pass which was on your mind when you posted this question. Regardless of whether or not you deserved the citation, however, an experienced traffic lawyer can often negotiate a resolution which will not make fault in causing the accident obvious from your record, often avoiding demerit points as well. You therefore owe it to yourself to at least have a telephonic consultation with such a lawyer any time you receive a citation. The insurance cost savings are often far greater than what you spend on the lawyer or on the fine if the charge is so amended. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically designed for you. Instead, you should retain a lawyer in order to meet your legal needs since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information if you desire it.
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