PA Superior Court: Police Can Stop You If You Don't Use Turn Signal To Switch Lanes

Criminal Defense Lawyer Zak Goldstein

The Superior Court has decided the case of Commonwealth v. Gurung, holding that the police may legally stop you if you fail to use your turn signal when you switch lanes. This case is another example of how police can stop you while driving for an assortment of reasons. Therefore, individuals should take great caution while driving because even the slightest slip up can result in you being arrested and facing criminal charges.

Commonwealth v. Gurung

The Pennsylvania State Police (“PSP”) barracks located in Erie, Pennsylvania received a phone call from a local casino stating that the defendant and two others were heavily intoxicated and had just recently left their premises. The caller gave a description of the defendant’s vehicle to the police. A short time later, a PSP trooper spotted the defendant’s vehicle and followed it on Interstate 90. The trooper stated that he saw the defendant fail to activate his turn signal when changing lanes and moving onto an off-ramp. He also said that the defendant moved from the left lane to the right lane without a turn signal and then moved from the center lane to the right lane without using his turn signal. Notably, the defendant never drove in an unsafe manner. 

The trooper then stopped the defendant’s car. It was unclear if he performed any field sobriety tests on the defendant. Nonetheless, the defendant ended up charged with DUI along with the summary offenses of Turning Movements and Required Signals, Careless Driving, and Unlawful Activities. The defendant then filed a motion to suppress. At the suppression hearing, the above facts were established by the Commonwealth. Additionally, the trooper testified that he believed he had probable cause to stop the defendant because he did not use his turn signal when he changed lanes. He further testified that he believed the defendant’s failure to use his turn signal while changing lanes violated 75 Pa. C.S.A. § 3334. The trooper further testified that his failure to use his turn signal while switching lanes was the only reason why he stopped the defendant. 

At the conclusion of the hearing, the defendant argued that the language of § 3334 does not require drivers to activate a turn signal when changing lanes of traffic. Specifically, the defendant argued that § 3334(b) was the controlling subsection which omits any requirement to use a turn signal when switching lanes. The suppression court agreed and found that the Commonwealth failed to establish that the trooper had probable cause to stop the defendant and thus granted his motion to suppress. The Commonwealth then filed a timely appeal.    

Can the Police Stop You Just For Failing to Signal in PA?

§ 3334 provides:

(a) General rule.--Upon a roadway no person shall turn a vehicle or move from one traffic lane to another or enter the traffic stream from a parked position unless and until the movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided in this section.

(b) Signals on turning and starting.--At speeds of less than 35 miles per hour, an appropriate signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The signal shall be given during not less than the last 300 feet at speeds in excess of 35 miles per hour. The signal shall also be given prior to entry of the vehicle into the traffic stream from a parked position.

(c) Limitations on use of certain signals.--The signals required on vehicles by section 3335(b) (relating to signals by hand and arm or signal lamps) shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

(d) Discontinuing turn signals.--Turn signals shall be discontinued immediately after completing the turn or movement from one traffic lane to another traffic lane.

The Superior Court’s Decision

The Superior Court reversed the lower court’s order granting the motion to suppress. In making its decision, the Superior Court reviewed the language of § 3334. The Superior Court found that the plain language of § 3334(a) provides that “no person shall…move from one traffic lane to another…unless and until the movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided in this section.” As stated above, the defendant argued that § 3334(b) was the controlling subsection. However, the Superior Court rejected this argument because if they adopted his position it would “read[] the phrase ‘move from one traffic lane to another’ out of subsection 3334(a). That we cannot do.” Specifically, the Superior Court stated that you must read the entire statute together and not just focus on one specific subsection. Consequently, the order granting the defendant’s motion to suppress is reversed and the Commonwealth will be able to use whatever evidence that was suppressed by the lower court against him at trial.   

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