No Stop for No Right-Hand Turn Signal

A driver’s failure to signal a right-hand turn from a dedicated lane for right-hand turns did not give an officer a reason to stop her car, and the Norfolk Circuit Court suppresses marijuana found inside her vehicle.

The issue is whether defendant was obliged by law to signal her intention to turn right at the intersection of Berkley Avenue and Campostella Avenue in Norfolk. Virginia Code § 46.2-848 states that every driver who intends to turn or partly turn from a direct line whenever the operation of another vehicle may be affected by such movement, shall give the signals required of his intention to make such a movement.

Under the facts of this case, the court can conceive of no vehicle that was affected by defendant’s right turn from the dedicated right-turn only lane. The testimony of the commonwealth witnesses did not point to any such vehicle. Indeed, the vehicles behind defendant were unaffected. The vehicles approaching the intersection from defendant’s left could not have seen the turn signal even if activated and were not affected as the intersection was controlled by a traffic light. Vehicles approaching from defendant’s right were unaffected, as the intersection was controlled by a traffic light. Vehicles approaching from the opposite direction were unaffected. Moreover, from where defendant was positioned when she came to a stop she had no option other than to turn right.

One commonwealth witness candidly admitted the narcotics investigators took advantage of defendant’s failure to signal as an opportunity to stop her vehicle in furtherance of their investigation into her activities. While a legitimate traffic stop can serve this purpose, the court finds defendant’s failure to signal her right turn from the right-turn only lane at this intersection did not violate Code § 46.2-848.

Motion to suppress granted.

Commonwealth v. Erie (Doyle) No. CR 14-576, March 12, 2014; Norfolk Cir.Ct.; Michelle Newkirk, Ass’t Comm. Att’y; Daniel McNamara, PD. VLW 014-8-031, 3 pp.