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Unsafe Lane Change Ticket for Lane Straddling

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  • 09-07-2012, 01:03 PM
    rubbert094
    Unsafe Lane Change Ticket for Lane Straddling
    My question involves a traffic ticket from the state of: California

    Hi,

    I got a ticket back in April for "unsafe lane change". I was driving on a slow Sunday morning on the fast lane. I wasn't speeding or anything. I was thinking about lanes until I saw a car in my blind spot and then I went back into my lane. My car was not in the middle of our lanes. Well there was a cop behind me and he pulled me over. First he said asked me if I was drinking and I said no because I was going to church. He then gave me a citation saying that I wasn't wearing corrective lenses in fact I was wearing prescribed sunglasses and after I had repeatedly told him I was. Anyhow my bail is now 439.00 for these 2 infractions and i just thought it was 35 dollars for both of these infractions.

    Anyway, I am planning to write my trial by declaration and explain my situation. However, I am not sure if I am eligible to do so because I never got a court letter of any kind. I went to the clerk's office and she said just check online but online I only have three options to appear before a judge, traffic school, and pay my bail. My friend wrote a trial by declaration and told me that I should be able too. Does anybody know what is necessary to write a trial by declaration and if I'm eligible or not? Thanks for the help I really appreciate it.

    Thanks
  • 09-07-2012, 01:44 PM
    Disagreeable
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    Ummmm it is already September. You should have done this before the court date you likely already missed.
  • 09-07-2012, 03:46 PM
    cdwjava
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    You had to request the TBWD a loooooong time ago. That ship would appear to have sailed.

    What code sections were you cited for? VC 21658(a) and what was the other one? (I assume for failing to wear the corrective lenses, but this is often mis-cited, hence the reason I ask.)
  • 09-07-2012, 06:53 PM
    That Guy
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    Quote:

    Quoting cdwjava
    View Post
    You had to request the TBWD a loooooong time ago. That ship would appear to have sailed.

    What code sections were you cited for? VC 21658(a) and what was the other one? (I assume for failing to wear the corrective lenses, but this is often mis-cited, hence the reason I ask.)

    In addition to Carl's questions, your citation has a date to appear on it which the officer indicated on there. What is that date?

    If you were cited in April, I am thinking your appearance date would have to be within the 60 day period after the citation date; which would then make it sometime in June... Well we are well into September now..
  • 09-07-2012, 06:54 PM
    rubbert094
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    I was cited for CVC 14603

    Is it still possible to do a trial by declaration if I make another extension? What type of evidence should I place inside the letter that I send to the judge?
  • 09-07-2012, 07:51 PM
    That Guy
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    Quote:

    Quoting rubbert094
    View Post
    I was cited for CVC 14603

    that will work for the license restriction!

    What does your license show under "restrictions"?

    Quote:

    Quoting rubbert094
    View Post
    Is it still possible to do a trial by declaration if I make another extension? What type of evidence should I place inside the letter that I send to the judge?

    Can't answer your question until you answer my question...

    Your citation has a date to appear on it which the officer indicated on there. What is that date?

    And if you requested an extension from the court or over the phone or online... What date was your case extended to?



    Quote:

    Quoting rubbert094
    View Post
    I was cited for CVC 14603

    Is it still possible to do a trial by declaration if I make another extension? What type of evidence should I place inside the letter that I send to the judge?

  • 09-08-2012, 05:32 PM
    rubbert094
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    my date was extended until 9/18.
    I still have the provisional license but I've been driving for almost 2 years now. The only restrictions that I have on my drivers license is no driving anyone under 20 for the first 12 months and no driving during curfew.
  • 09-09-2012, 03:08 PM
    That Guy
    Re: CVC 21658(A) Unsafe Lane Change (Lane Straddling)
    Quote:

    Quoting rubbert094
    View Post
    my date was extended until 9/18.
    I still have the provisional license but I've been driving for almost 2 years now. The only restrictions that I have on my drivers license is no driving anyone under 20 for the first 12 months and no driving during curfew.

    OK, I'm done trying to get straight answers so I can give you answers so here it goes.

    If your appearance date has been extended then you're not likely to get another extension. You will probably have to request a TBD on or before 09/18/2012.

    I'm not sure why or how you could be on a provisional license for 2 years, but that was NOT the restriction I was asking you about. I specifically asked you "What does your license show under 'restrictions'?" meaning look at your license, and tell us what conditions if any are listed next to the word "restriction(s)"! Don't worry about it; it doesn't make a difference anymore.

    I don't know where you get the idea that these citations are only $35... The "Base Fine" is $35 for EACH. You get "penalties and assessments" added on as authorized by law and the total you received from the clerk is presumed correct.

    Last but not least, I'm not sure what argument you would write in a TBD, but you clearly admit that you made an illegal lane change while another vehicle was in your blind spot. That is unsafe and it does meet the described violation under 21658:

    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.

    Let me also add that the reason you have received no communication from the court is likely due to the fact that your license (and as a result, your citation) has an old address on it. You need to correct that with the court as well as submit an address change with the DMV.
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