Driver Could Not be Stopped for Failure to Signal When Turning out of Private Parking Lot

    After having dinner with his wife at the Isle of Capri Casino in Kansas City, Missouri, Mr. Loyd was stopped and charged with DWI and Driving While Revoked. The Probable Cause for the Police Officer stopping him was that he allegedly Failed to Signal a turn while leaving the parking lot of the Isle of Capri Casino. However he did not receive a ticket for 'Failure to Signal', and the Officer's in-car video did not show such an infraction. After a Jury Trial in Jackson County, Missouri, Mr. Loyd was convicted of Driving While Intoxicated and Driving While Revoked and sentenced to six months incarceration, with two years of probation. He appealed both cases. On Appeal, the Western District Court of Appeals reversed both convictions, holding that "As defined by municipal code, it cannot be disputed that Loyd was not at an 'intersection' or 'roadway' prior to turning since he was on private property that was not 'publically maintained,' and therefore he was not required to signal prior to turning. Accordingly, the police could not have had probable cause...to pull over Loyd's vehicle." State v. Loyd, No. 71692 (Mo. App. W.D., December 21, 2010)
    The Fourth Amendment to the United States Constitution guarantees that individuals will not be subject to unreasonable searches or seizures.  As a DUI and Criminal Defense Lawyer, I see an increasing amount of cases where the Arresting Officer had no  probable cause to stop my client. The Police are just doing their jobs, unfortunately that job might entail stopping you for any reason that might later stand up in Court, with the expectation that the traffic stop will turn into a DUI arrest. It is not uncommon for police to monitor traffic leaving casinos and bars. If you are out, especially late at night, you should expect it. 
    If you find yourself facing a DUI charge, contact my office to discuss your case. There are many ways to attack a DUI case, and probable cause for the intial traffic stop is one of the first things we look at.
    
Categories

Fast & Confidential Case Evaluation

Fill Out the Form Below to Get Started Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.