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People v. Robert Gorman

Court dismisses charges brought for crossing road's center to make right turn into driveway.

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Judge Harbrson

PEOPLE v. ROBERT GORMAN —Robert Gorman was issued a ticket for a violation of Vehicle and Traffic Law section1120(a) (failure to right) on11/11/2002 based on how he turned in to his private driveway from Bowers Ave .in the City of Watertown. The issue presented here is whether the conduct of Mr. Gorman violated that section of the Vehicle and Traffic Law. Vehicle and Traffic Law section 1120 is entitled “Drive on the right side of roadway; exceptions. Subdivision (a) states “[U]pon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway” going on to list various exceptions dealing with “overtaking or passing” other vehicles, pedestrians, animals or obstructions “on the right half of the roadway” in which case if “it is necessary to drive to the left of the center of the highway” such movement from the “right half of the roadway is permitted.” The undisputed evidence on which the ticket is based shows that Mr. Gorman as traveled down Bowers Ave. moved from the right half of that roadway “left of the center of the highway” into the opposite lane of travel, slowed down and then turned right from that position back across the roadway into his private driveway. The defense raised by Mr. Gorman was that a telephone pole located immediately to the left of his driveway entrance necessitated moving from the right half of the roadway across the center of the highway to enable him to reach a position to turn his vehicle right into his driveway without striking the telephone pole upon entry. Vehicle and Traffic Law section 1120(a) states a vehicle traveling along a highway must be driven “upon the right half of the roadway” except when leaving that side to avoid a hazard or pass an obstacle after which the driver must resume a position back in the right half of the roadway as he continues on a “direct course” (Vehicle and Traffic Law section 1163[a] ) to a particular destination.

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