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Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)

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  • 03-15-2013, 12:13 PM
    startrek
    Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    My question involves a traffic ticket from the state of: CA

    When I was commuting to work in the morning I was cited by an officer under 21658(a) Unsafe lane change on I-580. He cited me when I was trying to change the lane to my right. I was next to the fastest lane when I tried to switch the lane. I was still within my lane, I just turned the wheels of my car around but still was not in the other lane and one of the trucks coming from behind in the lane where I was switching to, honked just to caution me. Also my speed at the time was around 20 mph. Based on the honking by truck officer must have thought that I did the unsafe lane change and he cited me for this. Officer was in the fastest lane (to the left) and and approximately 5 cars behind me, so I am not sure how was his visibility to this event.

    Now for above situation, I am taking on trial by written declaration, I have following questions,

    1. How do I prove that I plead not guilty, since I have no proof and it is purely situational
    2. What should I write in my defense
    3. If I want to get officer notes to strengthen my case, how do I request it?
    4. Any other advise for making my case stronger would be really appreciated

    I really appreciate everyone's help in the forum,
  • 03-15-2013, 09:57 PM
    L-1
    Re: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    Based on your post I’m going to assume you were cited by CHP.

    With respect to getting a copy of the officer’s notes, you will first have to identify which CHP office he works out of. Once you have done that, you will need to write a letter to that office marked “Attention Custodian of Records”.

    Mark you letter “Informal Discovery Request” and enclose a copy of your citation. In your letter ask for a copy of the officer’s copy of the citation including any notes he may have made on the back side of his copy. You may want to also request copies of any audio and video recordings of your contact made both by the officer personally (many CHP officers carry personal recorders) and by the patrol car’ camera. You would be amazed at the wonderfully incriminating things drivers say once they are stopped. Once you listen to any recordings (not all CHP patrol cars have cameras) and hear what you said to the officer, you may feel the need to rethink your defense strategy.

    CVC 21658(a) says: 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. Your statement suggests you were doing 20 MPH, taking a long enough time to traverse the number 2 & 3 lanes of a freeway to cause a truck to start honking his horn (straddling). All the officer need show is that your actions were reasonable unsafe and he will have proven his case.
  • 03-16-2013, 05:24 PM
    startrek
    Re: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    Thanks for the guidance. I will obtain the officer notes/audio/video and prepare my case accordingly.

    If I lose trial by written declaration, can I still request a traffic school? Should I request it to judge in the trial by declaration paperwork or do I need to request it in a separate communication?

    Which one would be a better approach? Please advise.
  • 03-16-2013, 05:53 PM
    L-1
    Re: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    I don't know what the rules of your court are. I'm in So. Cal. plus I have been retired and out of the game for several years now. When I was working, our courts only allowed traffic school in connection with a guilty plea. You will need to check with your court.
  • 03-17-2013, 02:02 PM
    That Guy
    Re: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    Great posts L-1 and thank you for your input.

    what L-1 is saying is the court is under no obligation to grant you the traffic school option after a trial or a TBD. More often than not, that option is available at the arraignment -assuming you are eligible- and I cannot say I've ever heard of a written request working to avail that option to the defendant after a TBD.
  • 03-18-2013, 01:21 PM
    startrek
    Re: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    Thanks for all the input and help. Have a wonderful day!!!
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