COMPARE BENDER
v.
STATE
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Appellant Kathy Blakey was convicted of DUI but appeals on grounds that the traffic stop was unlawful. The appellate court reversed, finding that the officer lacked legal justification to stop her vehicle when she made a U-turn at an intersection posted only with a 'No Left Turn' sign, not a 'No U-turn' sign, with no evidence of unsafe conduct or violation of Florida traffic statutes.
The appellate court held that the stop was not justified and constituted reversible error to deny Appellant's motion to suppress. The court reversed the trial court's denial of the suppression motion and remanded with directions to grant it.
[1] A traffic stop is unlawful if it is not based on a reasonable suspicion or probable cause that a traffic violation has occurred or that criminal activity is afoot.
[2] A U-turn is not inherently illegal unless prohibited by a posted sign or made in an unsafe manner.
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Join FLexlaw to unlock all legal intelligence“There was no objective evidence in the record that this movement was made unsafely, or interfered with other traffic, or was prohibited by a posted traffic sign in violation of section 316.1515, Florida Statutes, or that the U-Turn was made upon a curve or approach to a dangerous grade in violation of section 316.152, Florida Statutes.”
Establishes the lack of factual or legal basis for the traffic stop
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Join FLexlaw to unlock all legal intelligenceAn arresting officer observed Appellant make a U-turn at a traffic light intersection and proceed in the opposite direction. The intersection displaye…
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Before POWELL, WHITEHEAD, and BRONSON, J.J.
PER CURIAM.
FINAL ORDER REVERSING TRIAL COURT
Appellant Kathy Blakey appeals her conviction for DUI, contending that the trial court erred in denying her pretrial motion to suppress on the grounds that the stop of her vehicle was unlawful. We have carefully reviewed the record on appeal, the Initial Brief of Appellant, the transcript of the motion hearing, and the applicable legal authorities. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320, and reverse.
The undisputed evidence presented at the hearing can be summarized as follows. The arresting officer saw Appellant make a U-Turn at a traffic light intersection and proceed back in 2 of 3 the opposite direction. The intersection had only one posted sign saying “No Left Turn.” It did not have a sign saying “No U-turn.” There was no objective evidence in the record that this movement was made unsafely, or interfered with other traffic, or was prohibited by a posted traffic sign in violation of section 316.1515, Florida Statutes, or that the U-Turn was made upon a curve or approach to a dangerous grade in violation of section 316.152, Florida Statutes. Compare Bender v. State, 737 So. 2d 1181 (Fla. 1st DCA 1999) (improper U-Turn; stop valid), and State v. Y.Q.R., 50 So. 3d 751 (Fla. 2d DCA 2010) (improper left turn; stop valid), with Beahan v. State, 41 So. 3d 1000 (Fla. 1st DCA 2010) (stop for U-Turn questionable). Nor was there record evidence that Appellant violated any other traffic law or operated her vehicle in an unusual manner so as to invoke the officer’s public safety concerns.
We agree with Appellant that the stop was not justified. Since her motion was dispositive, and it was reversible error to deny it, we need not address her other argument.
REVERSED and REMANDED with directions to enter a new order granting Appellant’s motion suppressing all evidence obtained as the result of the stop.
DONE AND ORDERED at Orlando, Florida this __2nd___ day of __April____, 2012.
_/S/________________________
ROM W. POWELL Senior Judge
/S/
_/S/_________________________ REGINALD WHITEHEAD THEOTIS BRONSON Circuit Judge Circuit Judge 3 of 3 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing order was furnished to Daniel Blundy, Assistant Public Defender, 435 N. Orange Avenue, Ste. 400, Orlando, Florida 32801; Dugald McMillan, Assistant State Attorney, 415 N. Orange Avenue, Ste. 200, Orlando, Florida 32802-1673; and Honorable Faye Allen, 425 N. Orange Avenue, Orlando, Florida 32801, this _3rd___ day of _April________________, 2012.
_/S/________________________________
Judicial Assistant
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Citator
Authorities Cited
- Beahan v. State, 41 So. 3d 1000 (Fla. 1st DCA 2010)
- Bender v. State, 737 So. 2d 1181 (Fla. 1st DCA 1999)
- State v. Y.Q.R., 50 So. 3d 751 (Fla. 2d DCA 2010)