Our Client changed lanes within 100 feet of an intersection. Law enforcement stopped our Client initially claiming that the change of lanes violated the law prohibiting passing within 100 feet of an intersection. As our Client was never on the opposite side of the median (roadway), our Client’s driving did not violate this statute. Thus, we filed a motion to suppress all evidence in the case. At the motion to suppress hearing, law enforcement acknowledged that our Client’s driving did not violate that statute but claimed that our Client did not have his turn signal on for 100 feet before changing lanes. Upon examining the statute, there is no specified length of time one must have their turn signal on before changing lanes, only 100 feet before making a turn. Law enforcement made the incredulous claim that changing lanes is the same thing as making a turn. Because of this ludicrous claim and the fact that our Client displayed no improper driving, the Court suppressed all evidence in the case. And, the State dropped all charges against our Client.
DUI & Criminal Division
