Minneapolis DWI Lawyer F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is Birkland v. Commissioner of Public Safety (Decided February 18, 2020, Minnesota Court of Appeals, Published) which stands for the proposition that a motorist making a left-hand turn is not required to turn onto the left innermost lane of a multi-lane highway.

Mr. Birkland was arrested in Hennepin County for a DWI and he challenged the revocation of his license, arguing the arresting officer did not have a  sufficient reason to make the initial stop of his motor vehicle.  The officer testified at the license revocation hearing that she stopped her squad car behind Birkland’s vehicle in the southbound left-tum-only lane on the comer of Christmas Lake Road and Highway 7 in Shorewood. As the light changed, the officer observed Birkland’s vehicle turn left into the outermost lane of eastbound Highway 7, a four-lane roadway with two eastbound lanes of travel. The officer initiated a traffic stop, approached Birkland’s vehicle, and told Birkland that she stopped his vehicle because he turned into the far right lane of Highway 7.  

The district court affirmed the revocation of Birkland’s driving privileges, concluding that the officer possessed reasonable, articulable suspicion of a traffic violation to stop Birkland’s vehicle. The district court concluded that Minn. Stat. § 169.19, subd. 1(b), required Birkland to turn into the innermost lane. 

The Minnesota Court of Appeals reversed the lower court noting that Minn. Stat. § 169.19, subd. 1(b) states:

"Approach for a left turn on other than one-way roadways shall be made in that portion of the right half of the roadway nearest the centerline thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection."

***

"Birkland argues that the statute is unambiguous, and that a plain reading shows that the statute is silent on which lane the driver must enter after turning. We agree."

***

"The focus of the subparagraphs in section 169.19 is the location from where “[t]he driver of a vehicle intending to turn at an intersection” shall depart, and to where the driver shall arrive after the turn. Minn. Stat. § 169.19, subd. 1 (2018). The relevant portion of subparagraph (b), when identifying to where the driver must arrive, directs the driver “to leave the intersection to the right of the centerline of the roadway being entered.” Id., subd. 1(b) (emphasis added). This unambiguous provision is silent as to which lane to the right of the roadway a driver must enter. Appellate courts do not add terms or meaning to unambiguous statutes. State v. Expose, 872 N.W.2d 252, 259 (Minn. 2015)."

***

"The district court relied on the second sentence of subparagraph (b) in concluding Birkland violated this statute, which states, “Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.” Id., subd. 1(b). The plain meaning of this sentence, however, does not address the question to where a driver must enter the roadway after turning, which is fully resolved by the first sentence. Instead, this sentence refers to the intersection from where a driver is turning. A left turn to either the innermost or outermost lane of the roadway to be traveled will be made “to the left of the center of the intersection.” Id."

The Court of Appeals further noted that "...an officer’s belief is not objectively reasonable if a plain reading of the statute does not criminalize the conduct or if the statute has been previously interpreted to resolve ambiguity."  

Moral Of The Story:  When making a left, turn into the lane that works best for you.  

If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.