Burton v. State, Department of Idaho

Judge GRATTON,

specially concurring.

The Court holds that Idaho Code § 49-808(1) is unconstitutional as applied to Burton. The statute reads:

No person shall turn a vehicle onto a highway or move a vehicle right or left upon a highway or merge onto or exit from a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.

I begin with a review of the circumstances existing, according to the record, to which the constitutional analysis is applied. The only evidence in the record from the State that relates to the roadway configuration or basis…