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625 So. 2d 1261

State v. Riley

District Court of Appeal of Florida

Decided October 1, 1993

District Court of Appeal of Florida · decided 1993-10-01

Cited by 2 later decisions — most recently January 1996

2 state decisions

Key passage — most relied on by later courts

“signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled by the vehicle before turning,”

quoted by 1 later decision, including 638 So. 2d 507 - State v. Riley

“after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement.”

quoted by 1 later decision, including 638 So. 2d 507 - State v. Riley

Relies on State v. Kamins

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-01

View the full empirical analysis of this case →

COBB, Judge.

¶1The state appeals an order of suppression based upon the trial court’s finding that the defendant was improperly stopped for failure to use a turn signal. The trial court found that no other vehicle was affected by the turn, therefore no offense occurred based upon the provisions of section 316.155, Florida Statutes (1991), which provides:

(1) No person may turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement.
(2) A signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that such a signal by hand or arm need not be given continuously by a bicyclist if the hand is needed in the control or operation of the bicycle.

¶2The state, relying on State v. Kamins, 615 So.2d 867 (Fla. 4th DCA 1993), argues that the “specific” language of subsection (2) above prevails over the “general” language of subsection (1), thereby negating the reference to the effect of a turn on any other vehicle.

¶3We agree with the trial court and disagree with Kamins. Subsections (1) and (2) of section 316.155, Florida Statutes, should be read in pari materia. Subsection (2) is not in conflict with subsection (1), but merely defines the distance prior to an intended turn that a signal is required — in the event one is required at all by the effect of that turn on another vehicle.

¶4Accordingly, we affirm, and cite conflict with State v. Kamins, 615 So.2d 867 (Fla. 4th DCA 1993).

¶5AFFIRMED.

HARRIS, C.J., and DAUKSCH, J., concur and concur specially with opinions.
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