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Straddling Lanes While Changing Lanes, VC 21658(A)

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  • 12-31-2011, 03:46 PM
    oringo
    Straddling Lanes While Changing Lanes, VC 21658(A)
    My question involves a traffic ticket from the state of: CA

    I was driving on a 10-lane freeway one evening and decided to change lane since I was close to the exit. Since I drive a full-size pickup and it was dark outside, I was extra cautious. My blinker was on and I changed lane while observing for any car in my blind spot. A police office pulled me over and issued me a ticket for 21658(A) unsafe lane change. Does anyone know how to contest this ticket or whether I am completely at fault for taking caution in a lane change.

    Thanks.
  • 12-31-2011, 07:42 PM
    That Guy
    Re: Straddling Lanes While Changing Lanes, VC 21658(A)
    Quote:

    Quoting oringo
    View Post
    My question involves a traffic ticket from the state of: CA

    I was driving on a 10-lane freeway one evening and decided to change lane since I was close to the exit. Since I drive a full-size pickup and it was dark outside, I was extra cautious. My blinker was on and I changed lane while observing for any car in my blind spot. A police office pulled me over and issued me a ticket for 21658(A) unsafe lane change. Does anyone know how to contest this ticket or whether I am completely at fault for taking caution in a lane change.

    Thanks.

    21658(a) has two elements (underlined separately below), proving either constitutes a violation:


    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.


    You might refer to it as being "extra cautious", while the officer, and rather that it having much to do with "safety" as much as it would be more like "interfering with the orderly movement of traffic", he obviously sees it as unnecessarily occupying two lanes for an extraordinary amount of time.

    How to contest it? Get him to agree that you didn't straddle two lanes for too long! Though seeing how he actually cited you for the alleged offense, I'm not sure you'll have the likelihood of succeeding in that goal!
  • 12-31-2011, 08:13 PM
    quirkyquark
    Re: Straddling Lanes While Changing Lanes, VC 21658(A)
    Quote:

    Quoting oringo
    View Post
    I was driving on a 10-lane freeway one evening and decided to change lane since I was close to the exit.

    Your post is nearly free of detail, but from the underlined parts it appears that you were driving in one of the "fast" lanes and, realizing you were quickly approaching your exit, changed multiple lanes to get to the "slow" (right-most) lane. During your lane change, if you crossed over more than one white dashed line in a straight line, you violated the first part of 21658(a).

    Contesting this ticket will most probably involve cross-examining the officer in court and getting him to "slip up." This is pretty much the hardest kind of defense for non-attorneys. You'll have to prepare by doing a "trial by written declaration" first. If you lose that, get a copy of the cop's declaration, and that way you know what he'll most probably say in court and how you can try to cross-examine him. The downside to this process, besides your time, is that if you are automatically eligible for traffic school now, you will not be after you begin contesting the ticket. If you lose, you can ask the judge, but they may or may not grant it.
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