Brooklyn, NY asked in Traffic Tickets for New York

Q: Does intent play a role in an improper approach for a right turn violation?

Is intent a required element for an improper right turn violation (improper approach such as turn from middle lane? The law in NY (and other states) begins with "The

driver of a vehicle intending to turn at an intersection shall do so as

follows:

Does the police officer have to testify that the driver was already intending to turn during the approach (such as signaling)?

Related Topics:
2 Lawyer Answers

A: You are quoting VTL 1160. Turn signals are required by VTL 1163, which does not include intent as an element.

Tim Akpinar agrees with this answer

A: 'Good question. By and large, intent is not an element of these types of offenses. Unlike intentional torts, all that need be proven is that the vehicle operator violated the statute. Good luck

Tim Akpinar

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