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Signaling a lane change is required by the Michigan Vehicle Code.
The trial court erred by reversing the district court’s denial of defendant’s motion to suppress evidence because trial court erred in holding MCL 257.648 is unconstitutionally vague. The officer watching defendant’s vehicle saw defendant change lanes without using a turn signal, conducted a traffic stop, and discovered defendant was intoxicated. Defendant argued MCL 257.648 does not require a driver to use her traffic signal when changing lanes and the traffic stop was invalid. Defendant claimed MCL 257.648 fails to provide fair notice of the conduct proscribed, in that it is not clear whether a driver is required to use a turn signal when she changes lanes, and MCL 257.648 only applies to turns onto a different roadway. The phrase “turning from a direct line” is not defined in the text of the statute, nor are the individual terms comprising the phrase. Construing the terms according to their ordinary meaning, the court concluded the direct line in issue is established by the individual lanes making up a multi-lane roadway. Movement between those lanes constitutes a change in the direction or course in that the turn from one lane to another deviates from the defined route of the individual lanes. Thus, the ordinary meaning of the phrase “turning from a direct line” means to rotate one’s vehicle so one leaves the line of automobiles in which one is traveling. MCL 257.648 states, “before stopping or turning from a direct line, [the driver] shall first see that the stopping or turning can be made in safety and shall give a signal as required[.]” Thus, the purpose of the statute is to provide notice of movements along the route that could impact other motorists. The court saw no reason to make a distinction between movement off the roadway and movement between lanes when the legislative aim is the same for both situations. A reasonable person of ordinary intelligence is not required to speculate about the phrase’s meaning, and MCL 257.648 provides fair notice of what conduct is proscribed. The court held MCL 257.648 requires drivers to use a turn signal when changing lanes on a highway and is not unconstitutionally vague. The case was reversed and remanded. People v. Hrlic, case no. 278053, released November 29, 2007.
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Prosecuting Attorneys Association of Michigan
116 West Ottawa Street - Suite 200
Lansing MI 48913
(517) 334-6060 - FAX: 334-6351
www.michiganprosecutor.org
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