CVC 21658(a) Ticket Due to Broken Turn Signal

[forums123]

The rule regarding signaling prior to changing lanes in California is somewhat subjective. Technically, if it doesn't pose a problem to other vehicles, it's not necessary to do so; that's why cops never do it on the open freeway..and neither do many motorists. However, if the cop writing the citation feels that you've endangered other motorists by not signaling..you've got a court case that you need to reckon with.

I don't know if you were in 'city traffic' or not...if so, I suspect you'll lose. If you feel no other vehicles could have possibly been affected, that makes for a very good case. Give it some thought and good luck!

hi ChuckyCheese,

I too have been charged with a similar violation but officer cited me for CVC21658(a) - LANED ROADWAYS - basically officer told me that I didn't use my turn signal. But actually my turn signal was broken in an accident 3 days prior. The car was then erroneously towed 5 days after the citation was issued from the street in front of my residence and by the time I got proof of DMV error the tow lien had been completed and so I lost ownership of the vehicle and not able to get proof of turn signal malfunction.

However, I want to discuss the Lane Change Violation because I have a trial coming up for this since I plead not guilty. The officer told me I didn't use my signal The confusion for me was when I looked up the vehicle code I was cited for CVC21658(a) Unsafe Lane Change NOT CVC 22107 Failing to Turn Signal before turning which he said was the violation he said I committed.

There are two or three possibilities for how the officer will testify against me on this. I have to prepare for each possibility

Possibility #1: Its possible the officer MIGHT SAY I was in Lane#1 and moved to Lane#2 without signalling which was Unsafe and therefore he cited me for CVC21658(a) Unsafe Lane Change correctly.

My thoughts on this: Based on my recollection, I thought I was in the right lane after he began following me and I never changed lanes but my memory is fading since it was nearly 10 months ago, I think it is possible now that I might have been in the #1 Left Lane and moved to #2 Right Lane before turning Right onto a side street where he stopped me.

Possibility #2: The officer MIGHT SAY I didn't signal the last 100 feet before turning. I remember he was asking another officer that later showed up which vehicle code to use since he couldn't remember the correct code to cite me for.

Possbility #3: The officer MIGHT SAY I did both of the above #1 and #2 (failing to signal for both lane change and right turn).

SINCE I Don't know which one he will say at court trial I will have to prepare for all possibilities.

Regarding Possibility #1 I am thinking that the judge must dismiss since the vehicle code cited is incorrect for lane change since the lane change law says nothing regarding signalling before leaving the lane of travel.

Regarding Possbility #2 If he says I didn't signal for the right turn then I think it would be irrelevant and possible thrown out by the judge because the violation I was cited for was CVC21658(a) Unsafe Lane Change NOT CVC 22107 - signal before turning.

but if he actually says that I changed lanes unsafely while he was following me and cited me for Unsafe Lane Change because I failed to use my turn signal and it was done in an unsafe manner then I have to argue that I changed lanes with Reasonable Safety, I think your previous advice would apply. Basically the vehicle code for CVC21658(a) doesn't say anything about use of turn signals, just that no person shall leave a lane of travel unless they can do it with reasonable safety. so I think this is open to interpretation by the judge and officer has to show that it was unsafe to change lanes at the particular moment without signalling.

My belief is that it was reasonably safe because it was 2am on a weekday night and there was not another car in sight for anywhere ahead or behind me and none at any of the side streets that I was passing. The roadway was completely empty! Only the officer was behind me.

NOTE: my signal was broken 3 days prior to this so sometimes I would forget that I had to hand signal or flick the turn signal lever on/off manually for the last 100 feet which I did do before stopping after he pulled me over.

OFFICER said he stopped me because of no seatbelt and that I also didn't use my signals.

Please advise good strategy to beat this.

Dave

[cdwjava]

Here is the offense for which youi have been cited:

21658. Whenever any roadway has been divided into two or more
clearly marked lanes for traffic in one direction, the following
rules apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from the lane until such
movement can be made with reasonable safety.

22107. No person shall turn a vehicle from a direct course or move
right or left upon a roadway until such movement can be made with
reasonable safety and then only after the giving of an appropriate
signal in the manner provided in this chapter in the event any other
vehicle may be affected by the movement.

Either section could conceivably be used for the citation. In 21658 he would have to articulate what was unsafe about your movement, had you not signaled it would have been to his benefit to cite for 22107.

- Carl

[sniper]

If you changed from one lane to another lane which travels it the same direction, then it is 21658(a) VC

If you make an unsafe turn, say, from a lane and across a gore point and on to an off ramp, then it is 22107 VC

Prior to changing lanes, a driver shall give the appropriate signal

Duration of Signal
22108 VC. Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.


21658(a) VC would require another vehicle to be present...in essence, another car would have to have it's right of way violated by the act of you changing lanes to constitute 21658(a) VC. Did you lane change the cop?