Need to signal in a turn lane? Supreme Court rules in Kennewick case of alleged drunk driver

Washington drivers must use their signal every time they turn or change lanes on a roadway, even after entering a designated turn lane.

The unanimous ruling Thursday by the state Supreme Court comes nearly five years after a Kennewick man was stopped for only briefly using his turn signal when he switched lanes and pulled into a turn-only lane.

The decision reverses a Court of Appeals ruling and sends the case back to Benton County District Court, where David J. Brown originally was charged with driving under the influence.

It was not clear Thursday how prosecutors will proceed with the DUI case now that the state’s highest court says Washington State Patrol troopers had probable cause for stopping Brown.

All evidence, including the fact Brown’s blood-alcohol level was more than three times the legal limit, was thrown out with an earlier ruling, the opinion states.

Benton County Prosecutor Andy Miller and Deputy Prosecutor Andrew J. Clark both were out of the office Thursday.

Defense attorney Randy Jameson could not be reached by the Tri-City Herald at his Richland law office.

Brown, now 48, was driving east on Clearwater Avenue just after 10 p.m. March 22, 2015, when two troopers saw him commit a number of alleged violations.

The driver eventually pulled his truck into the left turn lane on Clearwater at the Highway 395 intersection, but his left turn signal only blinked twice before turning off.

Brown never reactivated his turn indicator — or used a hand signal — for the final 100 feet before the intersection, while sitting at the red light or upon turning into the highway’s northbound lanes, the opinion states.

He was stopped by troopers at Yelm Street and arrested. The legal limit to drive is up to 0.08 percent, and Brown’s breath test showed he was 0.26, according to court records.

Brown was successful in getting the case dismissed after arguing that a driver is not required to reactivate a turn signal when entering a turn-only lane.

Prosecutors appealed to Benton County Superior Court, where a judge reversed the ruling on the need to continuously signal.

Brown then took it to the Court of Appeals in Spokane, where a three-judge panel said Washington state law is clear that a signal is only required when public safety is affected.

The appellate court said Brown did not jeopardize public safety because he was in a designated turn lane, and thus no signal was required.

Prosecutors then were granted discretionary review by the Supreme Court justices, who were tasked with deciding whether “drivers in the state of Washington must signal prior to turning upon a roadway?”

The high court ruled that the plain language of the law requires drivers “to ensure turns and lane changes are done safely and with an appropriate turn signal” every time.

Brown violated the law when he did not signal continuously while turning left through the Clearwater and Highway 395 intersection, the opinion states.

This story was originally published December 26, 2019 at 1:54 PM.