7.726 — FAILURE TO USE A TURN SIGNAL

Violations of "Statute 7.726" results in an Infraction

---

(a) Definitions

Failure to use a turn signal is defined as the failure of a driver to activate the vehicle's turn signal indicator or signal light before making a turn, lane change, or maneuver on a roadway. This violation applies to any action where a driver is required to signal their intention to other drivers or pedestrians to ensure safe and predictable traffic flow.

(b) Elements

To establish the offense of failure to use a turn signal, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant operated a motor vehicle on a roadway.

• The defendant failed to activate the vehicle's turn signal or indicator before making a turn or changing lanes.

• The defendant's failure to signal created a risk or potential danger to other drivers or pedestrians.

• The defendant had the opportunity to signal, and the failure to do so was intentional or negligent.

(c) Defenses

Defenses against a charge of failure to use a turn signal may include:

• The defendant did signal, but the signal was not visible due to mechanical failure or other unforeseen circumstances.

• The defendant did not make a turn or lane change, or made the maneuver safely without the need for a signal.

• The defendant’s actions were part of an emergency situation where signaling was not possible or would have created additional risk.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The failure to signal resulted in a near-miss or collision with another vehicle or pedestrian.

• The defendant has a history of similar traffic violations, particularly those involving failure to signal.

• The violation occurred in a high-traffic area, construction zone, or school zone, where signaling is crucial for safety.