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  1. #1
    Join Date
    Dec 2012
    Posts
    9

    Exclamation Unsafe Lane Change, VC 21658(A)

    My question involves a traffic ticket from the state of: CA

    It was 2:30am in the morning on Thursday 27th, December. I helped my friend with his project and drove back to home on 101 from Mountain View to San Jose.
    Police stopped me at Alum Rock exit. He asked me a few questions then I understood he was trying to figure out if I am drunk even he didn't directly ask about it. I told him I didn't. He asked me if I had any early in the day. I told him at dinner I had a beer. He tried to confirm with me no more drinks after that and then took my driver license. He then came back with a ticket "unsafe lane change".

    I asked him what was my problem, he explained:
    - He saw my car swing. But he didn't ticket that. He ticketed me on changing lanes from a solid line at Oakland exit and the car behind me had to make a break.
    I asked him if this is the kind of ticket would increase my insurance, he said very honestly "I don't know."

    I was very surprised:
    - First of all, I had no idea what he was talking about. I didn't know I changed lane. I was driving on the same lane all the way from Mtn View -- The exit he mentioned is 2.1 miles away from where he stopped me. (I measured it on google map) and if I kept on right lane from mtn view, I don't have to change lane.
    - Secondly, that was Thursday morning at 2:30am. I didn't even notice more than 3 cars in half mile and how could I infect another?
    - I agree I was driving my friend's car, a little bit of sleepy+tired at the moment, and right before the stopped me, my tire was on the xx (the reflection little thing), but my mind was digital clear. The beer I had was at home before I left for my friend.

    I was in very bad luck for the year -- I had 10+ years clean record. First ticket early this year was a 75mph at 65mph highway close to las vegas. I have to go to court since I just took the traffic school at then. If anybody can help me find a clue of defense, I really appreciate it. Here are my questions:
    - Should I tell the judge the truth -- I didn't change lanes and I thought the police made it up? I don't think that's a good idea but I really didn't know what happened. I also don't understand why they had to follow me for 2 miles to stop me (Maybe that was the only exit may cause a lane change? I really doubt they stopped me because they thought I was drunk but I wasn't at all. So they came up with something else? )
    - Or should I defend like it happened, and say it was very dark, they cannot see the actually distance between my car and the other car?


    Something has changed. 7 years ago, I once got stopped by police for turning on a no-right-turn (marked only on the ground kind) sign when I came out of a plaza at night. They checked my id and found I didn't live in the area and told me to watch close and just let me go.
    My (landlord's) house was burglarized couple days before Christmas. They broke in from the front door of a corner house and broke every door/doorframe in the house. When I got back home, everything on the floor. They must have spent 2 hours in the house. Police came in after 140minutes, and she said the burglary department has been cancelled and she didn't work on this area. The only thing they can do it to report loss. She also left a list of security suggestions, which include alarm services.


    Any reply would help. Thanks a lot!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Unsafe Lane Change, VC 21658(A)

    Quote Quoting joey_sj
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    - He saw my car swing. But he didn't ticket that. He ticketed me on changing lanes from a solid line at Oakland exit and the car behind me had to make a break.
    Actually, what you describe there may have been one of the reasons he pulled you over, and while he could have also cited you for an unsafe lane change under CVC 22107, he opted to cited you for swinging in your lane, which is also referred to as "lane straddling" or "failure to use designated lane".

    Quote Quoting joey_sj
    View Post
    I asked him if this is the kind of ticket would increase my insurance, he said very honestly "I don't know."
    Its a moving violation. Your insurer can use it as a means to a premium increase but no one can tell you whether they will or not. Only that they can. Based on what you described and assuming you have not attended traffic school in the last 18 months before the date of this citation, your clear and obvious choice is to pay the fine and take traffic school.

    Quote Quoting joey_sj
    View Post
    - First of all, I had no idea what he was talking about. I didn't know I changed lane. I was driving on the same lane all the way from Mtn View -- The exit he mentioned is 2.1 miles away from where he stopped me. (I measured it on google map) and if I kept on right lane from mtn view, I don't have to change lane.
    - Secondly, that was Thursday morning at 2:30am. I didn't even notice more than 3 cars in half mile and how could I infect another?
    - I agree I was driving my friend's car, a little bit of sleepy+tired at the moment, and right before the stopped me, my tire was on the xx (the reflection little thing), but my mind was digital clear. The beer I had was at home before I left for my friend.
    You have no idea what he was talking about is not a valid defense. You actually somewhat admitted to committing the 21658 violation; your tires swinging over the lane markers is the exact violation he cited you for. As for the time of night, there is no requirement to infect or affect anyone to prove that you were lane straddling. Such requirement comes part of a requirement described undeer the code section covering the unsafe lane change by describing it as "in the event any other vehicle may be affected by the movement".

    Quote Quoting joey_sj
    View Post
    I was in very bad luck for the year -- I had 10+ years clean record. First ticket early this year was a 75mph at 65mph highway close to las vegas. I have to go to court since I just took the traffic school at then. If anybody can help me find a clue of defense, I really appreciate it. Here are my questions:
    - Should I tell the judge the truth -- I didn't change lanes and I thought the police made it up? I don't think that's a good idea but I really didn't know what happened. I also don't understand why they had to follow me for 2 miles to stop me (Maybe that was the only exit may cause a lane change? I really doubt they stopped me because they thought I was drunk but I wasn't at all. So they came up with something else? )
    - Or should I defend like it happened, and say it was very dark, they cannot see the actually distance between my car and the other car?
    Sorry to hear about your bad misfortune. While you do have my sympathy, the fact is the officer pulled you over for a good reason and whether it ended up in a traffic infraction citation, or a DUI arrest, the officer will have to testify to what he witnessed and the judge will decide the final outcome.

    It being dark is not an excuse either simply because the XX you ran over are made of a reflective material but in addition to those, it is likely that there were painted lines designating the limits of each lane, and it is safe to assume that you had your headlights on. As for you not seeing how close the other vehicle was to you, the other vehicle likely had it lights on as well. So "dark" is not going to get you anywhere

    Quote Quoting joey_sj
    View Post
    Something has changed. 7 years ago, I once got stopped by police for turning on a no-right-turn (marked only on the ground kind) sign when I came out of a plaza at night. They checked my id and found I didn't live in the area and told me to watch close and just let me go.
    My (landlord's) house was burglarized couple days before Christmas. They broke in from the front door of a corner house and broke every door/doorframe in the house. When I got back home, everything on the floor. They must have spent 2 hours in the house. Police came in after 140minutes, and she said the burglary department has been cancelled and she didn't work on this area. The only thing they can do it to report loss. She also left a list of security suggestions, which include alarm services.
    This too is not related to the citation... And it will have little effect, if any, on the outcome!

  3. #3
    Join Date
    Dec 2012
    Posts
    9

    Default Re: Unsafe Lane Change, VC 21658(A)

    Thanks for your detailed reply. Those are very helpful. I have a few questions, and please help:
    -- If I really had an unsafe lane change and the police was able to clearly catch it, why wouldn't he stop me right away? I was stopped 2+ miles away from where he said so and there are 3 exits in between. I just don't feel it normal.

    -- How to define "swing" or "straddling"? My understanding is I need to be doing it a few times?

    -- Should an officer tell me what was wrong with me and then took my driver license and got me a ticket? He just took my id and got me the ticket -- the other officer was asking a few questions and didn't say anything. Until I was surprised for he got me a ticket, he started to explain. Is this the correct procedure?

    Thanks and happy new year.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Unsafe Lane Change, VC 21658(A)

    probably looking to gather evidence of dui? why he followed you so long

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Unsafe Lane Change, VC 21658(A)

    Quote Quoting joey_sj
    View Post
    -- If I really had an unsafe lane change and the police was able to clearly catch it, why wouldn't he stop me right away?
    He's not under any obligation to stop you immediately. If he suspected you were driving drunk, it is possible he wanted to monitor your driving for a bit, he may have ran your plate and was waiting for dispatch to return the info, he may have been looking for a safe spot to pull you over. Who knows? What you need to know is there is nothing wrong with him doing that.

    Quote Quoting joey_sj
    View Post
    How to define "swing" or "straddling"? My understanding is I need to be doing it a few times?
    Nope, once is enough... That gives him sufficient reason to stop you. I don't know where you get "a few times" from, here is the code section:

    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.

    It is not unreasonable to expect a driver to maintain hiss position within the one lane. You admitted yourself that you hit the rumble strip, you stated "my tire was on the xx (the reflection little thing)"... So I'm not sure why you're having such a hard time with the citation. You were clearly in violation.

    Quote Quoting joey_sj
    View Post
    Thanks for your detailed reply. Those are very helpful. I have a few questions, and please help:
    -- If I really had an unsafe lane change and the police was able to clearly catch it, why wouldn't he stop me right away? I was stopped 2+ miles away from where he said so and there are 3 exits in between. I just don't feel it normal.

    -- How to define "swing" or "straddling"? My understanding is I need to be doing it a few times?

    -- Should an officer tell me what was wrong with me and then took my driver license and got me a ticket? He just took my id and got me the ticket -- the other officer was asking a few questions and didn't say anything. Until I was surprised for he got me a ticket, he started to explain. Is this the correct procedure?
    An officer is not under any obligation to explain anything. He can pull you over, ask you for your DL/registration/insurance, isasue you a citation and send you on your way!

    Most people would want an explanation so they can argue. Some officers don't like to argue simply because if they've decided to cite you, nothing you say is going to change their minds, So to avoid a confrontation, they say very little. Other officer might choose to chit chat in an attempt to get you to say something to incriminate yourself. Both procedures would be "proper"!

  6. #6
    Join Date
    Dec 2012
    Posts
    9

    Default Re: Unsafe Lane Change, VC 21658(A)

    Thanks for your reply.

    I was/am very clear about the citation. And I understand all you said was true. However, if that's the standard for citations there'd be too many.

    Back in March, my citation was 75 on 65, noon time, on highway to las vegas. 75 is the average speed here on 101 as long as it's not jammed. Technically I should get a ticket as long as I am over the limit. But would you argue if got one like that'?

    Same thing here. If you just hit the rumble strip, would you go to court to argue or agree with him and just pay the amount?

    I really appreciate your reply since I see where the judge will come from. And I'd appreciate more if you could give me some hints on my best defense.

  7. #7
    Join Date
    Dec 2012
    Posts
    9

    Question Citation with Wrong Violation Date and Court Date

    My question involves a traffic ticket from the state of: CA

    I got a unsafe lane change citation 2 weeks ago. It was 2:30 AM in the morning on highway. The police stopped me and implicitly asked me if I had alcohol. I understood him and said no.
    He took my driver license and came back with an unsafe lane change - 21658A.

    I was surprised for the ticket -- I hit the rumble strip before he stopped me, but what he then explained me was that I switched lane 3 exits/2.1 miles ago (measured on google map) from a solid white lane and infected the car behind me and the car had to break. Despite of the rare chance of I was even able to block another car at 2:30 am and that "incident" happened 2 miles away from where he stopped me, the police made a few mistakes on the ticket:
    -- It was Dec. 27 morning, but he wrote as Dec. 26. Although he circled Thursday correctly.
    -- He wrote my court date as "before Feb. 28 2012"

    I just received 2 mails from DMV:
    1. A piece of yellow paper with correction of court date from before Feb 28 2012 to Feb 28 2013
    2. A formal citation letter for violation date of Dec 26, 2012, which is wrong.

    Can anybody help me with a valid defense? I already took traffic school back in August for a speeding ticket back in March. But please don't get me wrong for my driving record -- I had no moving ticket in the past 10 years before the speeding one, which was 75 on 65 highway to las vegas. And yes, I am very poor in arguing such thing.

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