Defendant comes to a complete stop at a stop sign, in the correct location as well. He then turns on his blinker. He then makes the turn. He is stopped for failing to use his blinker continuously for not less than the last 100 feet of movement before the turn. Trans Code Section 545.104. Really??????? Our PD swears that is a good stop. Anyone have any case law on that?

Tucker v. State, 183 S.W.3d 501 (Tex. App.-Fort Worth 2005, no pet.), Wells v. State, 2009 Tex. App. LEXIS 5170 (Tex. App.-Fort Worth 2009, no pet.) (mem. op., not designated for publication), See Wehring v. State, 276 S.W.3d 666 (Tex. App.-Texarkana 2008, no pet.) are all cases I've used that deal with this situation. One of them even went so far as to say it even applies when using a turn-only lane. My CCL judge usually asks for a letter brief when this comes up on a motion to suppress; I can send the one I keep handy for this if you want.

that would be great. thanks. nlostracco@co.nacogdoches.tx.us

Let me add a couple to that- Reha v. State, 99 S.W.3d 373 (Tex. App. - Corpus Christi 2003)(turn signal required for 100 feet regardless of the degree of turn); Burkett v. State, 2014 WL 3556663 (Tex. App. - Waco 2014)(Stop valid even if the car was in motion for less than 100 feet before turn was made).

Absolutely a good stop. Just finished an appellate case recently with similar facts with an added twist -- according to testimony at a suppression hearing and measurements taken just before the hearing, Defendant's vehicle was originally parked 94 feet from the intersection, making it physically impossible with him to comply with the stature. The officer testified that he did not see D's starting position.

The Court held, correctly, that the State only had to show reasonable suspicious that the statute had been violated.

2014 Tex. App. LEXIS 7743