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Should I fight this unsafe lane change?

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ryan42

Junior Member
What is the name of your state?What is the name of your state? CA

First off, I have a totally clean driving record and no accidents (which is a small miracle in LA). On the other hand I do have a fast looking car (Subaru WRX). I had just made a right turn at an intersection with a green light. Only one turn lane into a two lane street. The truck in front of me in the right hand lane was going really slow, about 10 mph. I made a quick look in the mirrors and over the shoulder and, after seeing no one there, changed lanes quickly to go around. I was pulled over a half mile later by the police saying the was a van that had to slam its brakes because of my move. I didn't see this van before or after I had made the lane change. I had also just turned right a split second before and don't know how the van could have arrived in that position. The vehicle code infraction listed on my ticket is CVC 21658(a).

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.
(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

So I believed when I made the lane change that the area was clear. I made the move quick to avoid hitting my brakes for the slow moving truck. So does it matter if I thought I had reasonable safety even though the police will say there was actually a car there? Should I try to take this to court or should I just pay my $200 fine and go to traffic school. If I lose the trial I won't have the traffic school option and the point stays on my record.

Also, my 80 year old grandmother was in the passenger seat next to me...how agressive could my move have been ;-)

-Ryan
 


S

seniorjudge

Guest
"...So does it matter if I thought I had reasonable safety even though the police will say there was actually a car there?..."

It does not make any difference what you thought. Traffic offenses do not require intention.

By your version of the facts, you are definitely guilty: "...I didn't see this van before or after I had made the lane change...."

The officer will testify that HE saw the van; what will you say then?
 

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