What is the test for a motorist who fails to properly signal a left turn?

California, United States of America


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

As the court stated in People v. Miranda: "Turning to the facts here, it is undisputed that [the officer] observed [the defendant] commit a moving traffic violation. Thereafter his conduct remained reasonably related to the duties incident to the stop, especially when [the defendant] informed him that her driver's license was suspended. Defendant does not claim otherwise. [] . . . [] Defendant notes that [the officer] did not testify that [the defendant]'s unsignalled left turn was actually unsafe or that there was any other traffic around. That [the defendant] might not have been driving in an obviously dangerous manner is irrelevant. Under Vehicle Code section 22107, the failure to properly signal where another 'may be affected by the movement' is prima facie unsafe, for it creates the possible danger the statute was designed to prevent. Moreover,

Page 7

defendant is mistaken that there was no other traffic around. [The officer] was behind [the defendant], and the primary benefit of the signal requirement is for the vehicles to the rear of the signalling vehicle." (People v. Miranda, supra, 17 Cal.App.4th at p. 930.)

Other Questions


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)
Is a motorist who has been stopped by a police officer for a traffic citation when, upon proper demand, he or she fails to produce evidence of registration and a driver's license? (California, United States of America)
If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences? (California, United States of America)
What is the test for a claim that a court failed to properly instruct a jury on the applicable principles of law? (California, United States of America)
Is the error in failing to suppress a defendant's extrajudicial statements made without a proper Miranda admonition harmless beyond a reasonable doubt? (California, United States of America)
Does a juror's failure to object at trial affect their claim that the court failed to properly investigate juror misconduct? (California, United States of America)
In what circumstances will a court allow a plaintiff to vacate a final judgment against her attorney for failing to properly investigate her husband's classification as a separate property? (California, United States of America)
Is it a misdemeanor under section 490.2(a) of the California Criminal Code if someone has been found guilty of a charge of failing to provide a proper medical record? (California, United States of America)
In what circumstances will a motorist be found guilty of failing to stop for police? (California, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim because his attorney failed to properly advise him of the consequences of his guilty plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.