Wednesday, November 21, 2007

Vehicle Entering Intersection On Yellow Traffic Light Not A Basis For A Stop

STATE OF MINNESOTA, COURT OF APPEALS, A06-2052: State of Minnesota vs. Justin Allen Kilmer, Filed November 20, 2007:

Defendant was stopped by an officer after he entered into an intersection when the controlling traffic light was yellow. The stop led to the Defendant being charged with DWI.

The Defendant contested the validity of the stop and argued that the controlling statute did not prohibit a vehicle from entered an intersection on a yellow light. Based on this, he argued, he committed no offense and there was no legal basis for the stop.

The district court held that Minnesota law prohibits drivers from entering an intersection when a traffic light is yellow, and on this basis found the stop legal.

The Court of Appeals reversed and held that the applicable statute Minn. Stat. § 169.06, subd. 5(a)(2)(i) (Supp. 2005), which provides that “[v]ehicular traffic facing a circular yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic must not enter the intersection . . . .”, does not prohibit a vehicle from entering the intersection on a yellow light.

The court held that the language merely discloses the meaning and the advisory-warning nature of the yellow signal. Because the court found no legal basis for the stop the court reversed the DWI and test refusal convictions resulting from the evidence obtained as a result of the stop.