Lincoln drivers can again make legal turns when met with a steady red arrow at specific intersections as long as there isn't a sign explicitly saying you can't.
That's because the Nebraska Supreme Court on Friday invalidated 10.12.030, a Lincoln city code passed in 2017 that prohibited the turns.
The Nebraska Supreme Court on Friday invalidated 10.12.030, a Lincoln city code passed in 2017 that prohibited turns from one one-way street to another when facing a steady red arrow.
HAYDEN ROONEY, Journal Star
The issue came up in a Lincoln woman's DUI case stemming from a traffic stop at 17th and Q streets on June 28, 2019.
A Lincoln officer saw the then-23-year-old on 17th Street, facing north in the westernmost lane, turn left onto Q Street to head west after she had come to a complete stop first at the light.
The officer pulled her over for violating the left-turn arrow, then noticed signs she'd been drinking. Her blood alcohol ultimately tested 0.142.
Her deputy public defender, Nathan Sohriakoff, argued Lincoln's code was in direct conflict with a state law that tells drivers: "Except where a traffic control device is in place prohibiting a turn, vehicular traffic facing a steady red indication at the intersection of two one-way streets may cautiously enter the intersection to make a left turn after stopping as required."
But at trial, a Lancaster County Court judge found her guilty.
They appealed first to the district court, then the Nebraska Court of Appeals, both of which affirmed the verdict. Then, they tried the state's highest court.
On Friday, the Nebraska Supreme Court agreed with Sohriakoff's position.
"The ordinance attempts to forbid that which the Legislature has expressly authorized. Accordingly, 10.12.030 is preempted by state law," Justice John R. Freudenberg wrote.
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He said a uniform meaning of a "steady red arrow indication," as set forth by the Rules of the Road, is necessary for the state to achieve the objectives of encouraging the free movement of traffic. To do otherwise would create confusion.
Freudenberg said the Lincoln ordinance that the Crete woman was charged with violating was unenforceable because it is preempted by state law, so the traffic violation was overturned. But, because it was reasonable for the officer who stopped her to presume that it was, the DUI stands.
Reached Friday, Sohriakoff said while they're disappointed about the DUI, his client ultimately was happy knowing that all drivers around the state will be subject to the same rule when it comes to red arrows. And law enforcement officers are on notice.
"She feels vindicated," he said.
Sohriakoff said the purpose of the state having traffic rules is fairness. So a driver from Scottsbluff doesn't get in trouble in Lincoln doing something that's legal there but not here.
Now, if the city wants to keep drivers from turning at specific intersections with red arrows, they'll need to put up signs that say that. The change is specific to intersections of two one-way streets. It remains illegal to make turns across traffic lanes when facing a solid red arrow.
Lincoln Police Capt. Todd Kocian said the court's decision already had been addressed with the department's officers by the lunch hour.
"Notification of the decision was sent to all employees who will be complying with the ruling," he told the Journal Star.
It's unclear if the city will place signs "no turn on red" signs at 17th and Q or similar intersections.
The view from the South Beltway ramp onto southbound U.S. 77 near Saltillo Road.
Photos, videos: Building Lincoln's $352M South Beltway
Nebraska Gov. Pete Ricketts waves as he departs the opening ceremony to ride along the new Lincoln South Beltway on Wednesday.
KENNETH FERRIERA, Journal Star
Nebraska Gov. Pete Ricketts and other officials give brief remarks during an opening ceremony for the new South Beltway on Wednesday.
KENNETH FERRIERA, Journal Star
A Bennet fire truck drives onto the Lincoln South Beltway following an opening ceremony on Wednesday.
KENNETH FERRIERA, Journal Star
Minutes after Wednesday's opening ceremony, a car enters the South Beltway via U.S. 77.
KENNETH FERRIERA, Journal Star
John Selmer, director of Nebraska's Department of Transportation, speaks at the opening ceremony for the Lincoln South Beltway.
KENNETH FERRIERA, Journal Star file photo
Gov. Pete Ricketts holds a commemorative plaque presented to government officials during an opening ceremony for the new Lincoln South Beltway on Wednesday.
KENNETH FERRIERA, Journal Star
Lincoln Mayor Leirion Gaylor Baird addresses those in attendance during an opening ceremony for the new South Beltway on Wednesday.
KENNETH FERRIERA, Journal Star
Lincoln mayor Leirion Gaylor Baird (center) addresses a crowd of workers and dignitaries during an opening ceremony for the new beltway on Wednesday, Dec. 14, 2022, at Lincoln South Beltway in Lincoln.
KENNETH FERRIERA Journal Star
Lincoln mayor Leirion Gaylor Baird listens to opening statements by governor Ricketts during an opening ceremony for the new beltway on Wednesday, Dec. 14, 2022, at Lincoln South Beltway in Lincoln.
KENNETH FERRIERA Journal Star
Nebraska Governor Pete Ricketts speaks during an opening ceremony for the new beltway on Wednesday, Dec. 14, 2022, at Lincoln South Beltway in Lincoln.
KENNETH FERRIERA Journal Star
Nebraska state Sen. Suzanne Geist is seen in the crowd during an opening ceremony for the new Lincoln South Beltway on Wednesday.
KENNETH FERRIERA, Journal Star
Chris Hawkins remarks on the hard work put in by Hawkins Construction employees to complete the South Beltway project months ahead of schedule.
KENNETH FERRIERA, Journal Star
This fall, volunteers with the Bennet and Hickman fire departments worked with other agencies, including StarCare, to prepare to respond to incidents on the new South Beltway. "This is a different character of traffic than what we are used to working with," said Art Robertson, the acting chief of Hickman Rural Fire and Rescue.
Nebraska Department of Transportation, Courtesy photo
This fall, volunteers with the Bennet and Hickman rural fire departments worked with other agencies, including StarCare, to prepare to respond to incidents on the new South Beltway. "This is a different character of traffic than what we are used to working with," said Art Robertson, the acting chief of Hickman Rural Fire and Rescue.
Nebraska Department of Transportation, Courtesy photo
A portion of Lincoln's new South Beltway intersection with U.S. 77 is photographed by a drone, just outside on Lincoln city limits on Dec. 3. The South beltway is set to open Dec. 14, six months earlier than expected. The 11 mile freeway is one of the city's largest construction projects to date.
KENNETH FERRIERA Journal Star
A portion of Lincoln's new South Beltway intersection with U.S. 77 is photographed by a drone, just outside on Lincoln city limits on Saturday, Dec. 3, 2022. The South Beltway is currently set to open Dec. 14, which is six months earlier than expected. The 11-mile freeway is one of the city's largest construction projects to date.
KENNETH FERRIERA, Journal Star
Officials constructed an elaborate interchange where the beltway intersects with U.S. 77 and Saltillo Road. Included is a nearly half-mile ramp for traffic headed south toward Beatrice.
KENNETH FERRIERA, Journal Star
A portion of Lincoln's new South Beltway intersection with U.S. 77 is photographed by a drone, just outside on Lincoln city limits on Saturday, Dec. 3, 2022.Â
KENNETH FERRIERA Journal Star
A portion of Lincoln's new South Beltway intersection with U.S. 77 is photographed by a drone, just outside on Lincoln city limits on Saturday, Dec. 3, 2022.Â
KENNETH FERRIERA Journal Star
Cars and trucks traveling on the new South Beltway will flow directly onto U.S. 77 at the west interchange that also connects to Saltillo Road. The new four-lane expressway is to open Wednesday.
KENNETH FERRIERA, Journal Star
Construction crews continue to work on Lincoln's South Beltway, which is set to open in the coming weeks, on Friday, Dec. 2, 2022, at South 68th Street Bridge in Lincoln.
KENNETH FERRIERA Journal Star
Construction crews are wrapping up work on the South Beltway, which is expected to open to traffic Dec. 14.
KENNETH FERRIERA, Journal Star
Lincoln's South Beltway will open Dec. 14. Construction on the long-anticipated 11-mile freeway linking U.S. 77 and Nebraska 2 began in 2020.
KENNETH FERRIERA, Journal Star
Construction crews continue to work on Lincoln's South Beltway, which is set to open in the coming weeks, on Friday, Dec. 2, 2022, at South 68th Street Bridge in Lincoln.
KENNETH FERRIERA Journal Star
On the west end of the 11-mile project, crews are connecting the South Beltway with U.S. 77.
GWYNETH ROBERTS, Journal Star
With the recently completed Saltillo Road bridge in the distance, work continues on the new southbound lanes of U.S. 77 on Wednesday.
GWYNETH ROBERTS, Journal Star
Nearly a half-mile long, the flyover bridge will carry westbound beltway traffic onto southbound U.S. 77.
GWYNETH ROBERTS, Journal Star
The flyover bridge that will connect U.S. 77 to the South Beltway has nearly a half-mile of steel beams.Â
GWYNETH ROBERTS, Journal Star
The flyover bridge that will connect U.S. 77 to the South Beltway has steel beams laid the entire west to east distance on Wednesday.
GWYNETH ROBERTS, Journal Star
The flyover bridge that will connect U.S. 77 to the South Beltway has steel beams laid the entire west to east distance.
GWYNETH ROBERTS, Journal Star
Work continues on South Beltway bridges that cross South 25th Street, Salt Creek, the Jamaica North Trail and railroad tracks.
GWYNETH ROBERTS, Journal Star
The flyover bridge that will connect U.S. 77 to the South Beltway has steel beams laid the entire west to east distance on Wednesday.
GWYNETH ROBERTS, Journal Star
Curt Mueting, district construction engineer for the state of Nebraska, shows some of the printed South Beltway plans on Wednesday,.
GWYNETH ROBERTS, Journal Star
Projects like the South Beltway helped to keep the construction sector growing since the onset of the pandemic.
Journal Star file photo
LINCOLN, NEB. - 02/14/2022 - The construction of an interchange connecting South Beltway with Nebraska Highway 2 is seen in this photo taken on Monday, Feb. 14, 2022. JUSTIN WAN, Journal Star
JUSTIN WAN Journal Star
Work continues to build an interchange at the east end of the new South Beltway this month. Developers point to the area where the current Nebraska 2 intersects with the beltway as a magnet for residential and business growth, but city leaders say expansion in that area is still years away.
JUSTIN WAN, Journal Star
Lincoln, NE - 5/12/2021 - The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Construction continues on the South Beltway at the future 82nd Street interchange in November.Â
GWYNETH ROBERTS, Journal Star
Construction continues on the South Beltway on the east side of U.S. 77 on Nov. 17. Business representatives have hailed the impact that the $1.2 trillion infrastructure bill could have in Nebraska to repair highways and bridges.Â
GWYNETH ROBERTS, Journal Star
Construction continues on the South Beltway southwest of 98th Street on Nov. 17. Business representatives have hailed the impact that the $1.2 trillion infrastructure bill could have in Nebraska to repair highways and bridges.Â
GWYNETH ROBERTS, Journal Star
Construction continues on the South Beltway on the east side of U.S. 77 on Nov. 17. Nebraska set another record for low unemployment for the month.
GWYNETH ROBERTS, Journal Star file photo
Construction of the South Beltway proceeds in this photo from South 68th Street looking east on Wednesday.
JUSTIN WAN, Journal Star
The 68th Street interchange will initally be the only access point open in the middle of the South Beltway. Construction to complete interchanges at Jamaica Avenue and 82nd Street is expected to wrap up next year.
JUSTIN WAN, Journal Star file photo
A new 68th Street bridge spans the South Beltway.
JUSTIN WAN, Journal Star
A new 68th Street bridge spans the South Beltway.Â
JUSTIN WAN, Journal Star
Construction of the South Beltway is seen in this photo taken from South 54th Street looking east on July 21.Â
JUSTIN WAN, Journal Star file photo
Construction of the South Beltway is seen in this photo taken from South 68th Street looking west on Wednesday, July 21, 2021.
JUSTIN WAN Journal Star
South 68th Street from Saltillo Road to Bennet Road reopened for traffic on Wednesday.
JUSTIN WAN, Journal Star
The new 68th Street bridge spans the South Beltway.
JUSTIN WAN, Journal Star
Lincoln, NE - 6/29/2021 - Construction traffic crosses the South Beltway on the newly completed Saltillo Road bridge between South 96th and South 98th Streets on Tuesday, June 29, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Construction traffic crosses the newly completed Saltillo Road bridge over the South Beltway on Tuesday. The bridge is to open Wednesday, allowing traffic to connect to South 96th and South 98th streets.
GWYNETH ROBERTS, Journal Star
Oversized South Beltway bridge girders are being moved in this photo taken from the Mopac Trail bridge over North 27th Street on May 18.
JUSTIN WAN, Journal Star
Semis shuttle bridge girders down North 27th Street on Tuesday afternoon on a trip across town. The girders will be used for bridge construction on the South Beltway.
JUSTIN WAN, Journal Star
Lincoln, NE - 5/12/2021 - Construction work continues on the flyover bridge that will connect U.S. 77 to the South Beltway on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - An overpass carries Saltillo Road over the South Beltway on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021.
GWYNETH ROBERTS, Journal Star file photo
The South Beltway is taking shape just west of South 68th Street.
GWYNETH ROBERTS, Journal Star
The 2,245-foot flyover bridge that will carry drivers west on Nebraska 2 to south on U.S. 77.
GWYNETH ROBERTS, Journal Star
The "most complicated" piece of the South Beltway, the flyover bridge, will connect westbound Nebraska 2 travelers with U.S. 77 south.
GWYNETH ROBERTS, Journal Star
The Saltillo Road overpass over the South Beltway on the east edge of Lincoln is nearly ready for concrete.
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Construction work on the South Beltway east of South 82nd Street.
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - The flyover bridge that will connect U.S. 77 to the South Beltway stretches to the southwest as construction work continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Construction continues on the South Beltway bridge over South 25th Street.
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 5/12/2021 - Construction work on the South Beltway just west of South 68th Street continues on Wednesday, May 12, 2021. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
MAKING HEADWAY
Construction work on the South Beltway continues near Saltillo Road on Monday. Crews have been working on the 11-mile bypass for just about a year and it's scheduled to be finished in 2023.
GWYNETH ROBERTS, Journal Star
Nebraska Department of Transportation Director Kyle Schneweis speaks at an event on Oct. 8 to celebrate the progress made on construction of the Lincoln South Beltway.
GWYNETH ROBERTS, Journal Star file photo
Crews work on the Lincoln South Beltway continues U.S. 77 south of Saltillo Road on Oct. 8. The state unemployment rate last month reached the same level it was at in October 2019.
GWYNETH ROBERTS, Journal Star file photo
Lincoln, NE - 10/9/2020 - Hawks Construction COO Chris Hawkins shows the transaction and pricing documents for the Lincoln South Beltway at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Hawks Construction COO Chris Hawkins shows the transaction and pricing documents for the Lincoln South Beltway at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Lincoln mayor Leirion Gaylor Baird speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Construction of the Lincoln South Beltway continues near U.S. 77 south of Saltillo Road on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Construction of the Lincoln South Beltway continues near U.S. 77 south of Saltillo Road on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Traffic on U.S. 77 is reduced to two lanes to accommodate construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Lincoln Mayor Leirion Gaylor Baird (from left), state Sen. Mike Hilgers, Rep. Jeff Fortenberry, Sen. Deb Fisher, Nebraska Department of Transportation Director Kyle Schneweis and Hawkins Construction COO Chris Hawkins listen as Gov. Pete Ricketts speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday.
GWYNETH ROBERTS, Journal Star
Lincoln mayor Leirion Gaylor Baird speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway last October.
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 10/9/2020 - Gov. Pete Ricketts (L) listens as Rep. Jeff Fortenberry is introduced by Sen. Deb Fischer at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Rep. Jeff Fortenberry speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway on Oct. 8.Â
GWYNETH ROBERTS, Journal Star file photo
Sen. Deb Fischer speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway on Oct. 8.
GWYNETH ROBERTS, Journal Star file photo
Lincoln, NE - 10/9/2020 - Nebraska Sen. Mike Hilgers speaks at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Gov. Pete Ricketts.
GWYNETH ROBERTS, Journal Star file photo
Lincoln, NE - 10/9/2020 - Rep. Jeff Fortenberry (L) and Sen. Deb Fischer listen to Gov. Pete Ricketts at an event to celebrate the progress made on construction of the Lincoln South Beltway on Thursday, Oct. 8, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Work continues on the South Beltway interchange at 68th Street, looking north toward Lincoln and the site of a new high school at 70th Street and Saltillo Road.
Courtesy photo
An aerial view, looking northeast, shows crews digging where the South Beltway will pass under a bridge built on Saltillo Road near 98th Street.
Courtesy photo
An aerial view, looking northwest, shows construction crews shaping the interchange tying U.S. 77 to the South Beltway.
Courtesy photo
Curt Mueting, a district construction engineer with the Nebraska Department of Transportation, said project managers meet weekly to update a rolling three-week outline of deadlines to keep South Beltway construction on schedule.
JUSTIN WAN, Journal Star
Crews have completed significant work on a roundabout at the intersection of Saltillo Road and South 14th Street that is a part of the South Beltway project.
JUSTIN WAN, Journal Star
To allow crews to build a new Saltillo Road interchange, Saltillo Road will be diverted onto a temporary road linking to a new intersection with U.S. 77.
JUSTIN WAN, Journal Star
Workers dig into the ground near 98th Street and Saltillo Road, where the South Beltway will pass under a bridge to be built for Saltillo Road traffic.
JUSTIN WAN, Journal Star
Crews are at work building the South Beltway interchange with U.S. 77. Work is shown looking east from just south of Saltillo Road.
JUSTIN WAN, Journal Star
Crews are at work building the South Beltway interchange with U.S. 77. Work is shown looking east from just south of Saltillo Road.
JUSTIN WAN, Journal Star
Construction on the South Beltway (shown looking south) has focused on the interchange with U.S. 77 southwest of Lincoln. The work has closed the northbound lanes of U.S. 77 in the area.
JUSTIN WAN, Journal Star
MAKING PROGRESS
Construction crews work on the South Beltway south of Saltillo Road near South 38th Street on Monday. The long-awaited bypass is scheduled to be completed in 2023.
GWYNETH ROBERTS, Journal Star
Lincoln, NE - 6/29/2020 - Construction for the South Beltway keeps South 68th Street closed south of Saltillo Road on Monday, June 29, 2020. GWYNETH ROBERTS, Journal Star
GWYNETH ROBERTS, Journal Star
Progress on the South Beltway in mid-June.
Lincoln South Beltway
A drone photograph shows early phases of construction along U.S. 77 near Saltillo Road where it will intersect with the new South Beltway.
Courtesy photo
Construction begins on the South Beltway south of the intersection of U.S. 77 and Saltillo Road on Monday.
GWYNETH ROBERTS, Journal Star
Construction begins on the South Beltway south of the intersection of U.S. 77 and Saltillo Road on Monday.
GWYNETH ROBERTS, Journal Star
Demolition of Majors Cafe continues on March 23 at the intersection of Saltillo Road and U.S. 77 as part of construction of the South Beltway.
GWYNETH ROBERTS, Journal Star file photo
Crews worked this winter to clear a farmstead southeast of U.S. 77 and Saltillo Road ahead of construction set to begin this spring on the South Beltway.
GWYNETH ROBERTS, Journal Star
Majors Cafe, on the southeast corner of Saltillo Road and U.S. 77, will have its last day of business Saturday. The state has purchased the site for the South Beltway.
GWYNETH ROBERTS, Journal Star
Reach the writer at 402-473-7237 or lpilger@journalstar.com .
On Twitter @LJSpilger
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