Failure to Signal When Required

Published for NC Criminal Law on April 14, 2010.

Under G.S. 20-154(a), "before starting, stopping or turning from a direct line [, a driver] shall first see that such movement can be made in safety . . . and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required" by law. A violation of this statute is usually called "unsafe movement," but I'll call it failure to signal when required. The court of appeals just decided a case in this area that's worth noting. First, a little background. In State v. Ivey, 360 N.C. 562 (2006), an officer, following "some distance directly behind the [defendant's] automobile, saw defendant come to a complete stop at a T-intersection and then make a right turn without signaling. A concrete median at the T-intersection blocked a left turn, so that . . . [the] defendant had no choice but to turn right." The officer stopped the defendant for failure to signal when required, even though "[t]here [was] no indication that any other automobile or pedestrian traffic which might have been in the area would have been affected by defendant's operation of the vehicle." During the stop, the officer obtained the defendant's consent to search his vehicle. The officer found a gun in the vehicle, which led to weapons charges against the defendant. The defendant moved to suppress, contesting the validity of the stop. The issue eventually reached the state supreme court, which ruled for the defendant, holding that (1) "unless the operation of some other [...]