PEOPLE v. SILVERS (2003)

In the early evening of October 24, 2002, a City of Mount Vernon police officer pulled defendant over after he failed to signal a right hand turn when leaving a Bank of New York parking lot located on Mount Vernon Avenue.   The defendant was charged by simplified traffic information with violating Vehicle and Traffic Law § 401(4) for failing to produce registration, § 319(3) for failing to produce an insurance i.d. card, and § 1163(b) for failing to signal a turn.   The charges concerning Vehicle and Traffic Law sections 401(4) and 319(3) were previously dismissed.   The Court now turns its attention to Vehicle and Traffic Law § 1163(b).

Pursuant to Vehicle and Traffic Law § 1163(b), “a signal of intention to turn right or left when required shall be given continuously during no less than the last one hundred feet traveled by the vehicle before turning” (emphasis added).   While the statute requires a turn signal when entering a private road, driveway, or in this case a parking lot, nothing in the statute requires a motorist to signal a turn when exiting a parking lot (See Byer v. Jackson, 241 A.D.2d 943, 661 N.Y.S.2d 336 (4th Dept 1997)).   Therefore, the Court finds the defendant not guilty of the above offense.

The People have thirty days to file a Notice of Appeal.

This constitutes the Decision and Order of this Court.

ADAM SEIDEN, J.