Can a motorist be stopped and detained under section 22107 of the California Highway Traffic Code for failing to properly signal?

California, United States of America


The following excerpt is from People v. Martin, G055547 (Cal. App. 2019):

A panel of this court held that the defendant had been unlawfully stopped and detained because there was "no reasonable possibility" that the defendant had violated section 22107. (People v. Carmona, supra, 195 Cal.App.4th at p. 1390.) The arresting officer testified there were no other cars in the area, and he had not been affected by the defendant's unsignaled turn. (Ibid.) "In conclusion, reading sections 22107 and 22108 together, a motorist must continuously signal during the last 100 feet traveled before turning, but only in the event other motorists may be affected. Because the evidence is undisputed the officer was not and could not have been affected by the turn and there were no other motorists on the road, no violation occurred. In the absence of a violation of a statute, other unlawful conduct, or questionable activity, no reasonably objective suspicion existed to justify the stop." (Id. at p. 1394.)

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