Unsafe Lane Change in Cupertino, CA

[trojan262000]

What is the name of your state (only U.S. law)?

California Violation #: CVC 21658(a) Unsafe Lane Change

Cupertino, CA: issued by an officer of the Sherrif's Office.

I never had any violation/ticket EVER in my life before I got this one.

I had just taken a safe right turn (on a red light) from Homestead Rd (35 mph speed limit)onto the right-most lane of N De Anza Blvd (35 mph speed limit)
Thus after the turn, I was in the right-most lane on a 3 lane city road (De Anza blvd). My free-way on ramp was on the left after about 1/4 mile. I signalled, checked my rear-view and side mirrors, checked my blind spot to make sure there was no one there and I was at a safe distance from any car behind me. I then gradually began changing lanes - one lane at a time from right most to center then again repeating the routine to get into the left most lane. before the freeway entry-ramp on the left hand side, there was a red light. So I stopped. After the light turned green, I took the ramp and was immediately pulled over after I saw the cop flash his lights behind me.

What had transpired was that the cop was behind me right from my 1st right turn from Homestead road onto De Anza road. And while I turned into the right most lane on the red light, he directly took a wide turn onto the left-most lane on De Anza road. Which is why I was again in his way as he tried to speed beyond the 35 mph limit even when there was a RED light at the free-way entry ramp!!

The speed he marked on my ticket is 35mph which means I was going at the prescribed speed limit for that road. I was not speeding - infact since I was ahead of him (and going at the max prescribed speed limit for the road 35mph), it would be impossible to make an unsafe lane change had it not been for him speeding over the 35mph limit and then braking because I was changing lanes and I came in his way while he was speeding over 35mph.

And since I wanted to take the free-way entry ramp, I had to cross 2 lanes to get into the left-most lane - all the while checking my mirror, blind spot and signalling. I did see the cop car, but he was at a safe distance behind me for me to change lanes at that time. I did not cross any solid white line, neither was there any honking, sudden braking or any such tell-tale signs of making an unsafe lane change.

I guess my only mistake was I should'nt have changed lanes in front of a cop car - although I believe I was following every rule in the book while doing so.

Is there any way I can defend this ticket? I have my court due date this week, so Any help is greatly appreciated.

[Zigner]

Originally Posted by trojan262000

I did see the cop car, but he was at a safe distance behind me for me to change lanes at that time.

CVC
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 seems that the officer felt you didn't safely perform your lane change. You will have to prove that you did perform it safely. Unfortunately, there is some pretty compelling evidence against you (ie: the testimony of the officer)

[Jim_bo]

I don't know... it sounds like our OP has some pretty compelling evidence as well in his testimony. I also like the point that on his ticket, the cop documented that he was doing the speed limit - 35mph. Certainly cops are allowed to exceed the speed limit (at least they believe they are) withouth lights and sirens. However, when they do so, they assume the liability that comes with their speed. So, if the cop was doing the speed limit also, clearly there would have been no issue with the lane change. I think it is a compelling argument that if there was a conflict, it was caused largely, if not exclusively, by the cop's excessive speed.

I think this is a good argument, but it will require some significant cross examination. You'll have to get the cop to admit to excessive speed (which shouldn't be too hard) and then you'll have to paint the picture that he is the one who caused an unsafe situation.

[Zigner]

Originally Posted by Jim_bo

I don't know... it sounds like our OP has some pretty compelling evidence as well in his testimony. I also like the point that on his ticket, the cop documented that he was doing the speed limit - 35mph. Certainly cops are allowed to exceed the speed limit (at least they believe they are) withouth lights and sirens. However, when they do so, they assume the liability that comes with their speed. So, if the cop was doing the speed limit also, clearly there would have been no issue with the lane change. I think it is a compelling argument that if there was a conflict, it was caused largely, if not exclusively, by the cop's excessive speed.

I think this is a good argument, but it will require some significant cross examination. You'll have to get the cop to admit to excessive speed (which shouldn't be too hard) and then you'll have to paint the picture that he is the one who caused an unsafe situation.

Frankly, the code doesn't speak to the speed of the vehicle approaching.

[Jim_bo]

That one doesn't, 22350 does.

[Zigner]

Originally Posted by Jim_bo

That one doesn't, 22350 does.

Yes, that's true.

Too bad the OP wasn't cited for 22350, right?

[trojan262000]

Thanks a lot for your responses. I am glad for your help and advice.

The cop cited me for 21658(a).

I am really hoping I could make a good case for a TBD since I really feel it was unjust and unfair inspite of me doing everything right while changing lanes. He on the other hand zoomed directly into the left-most lane and was most certainly speeding over 35mph. Are there any other points I should consider adding to my testimony in my TBD?

Also, does it matter that the cop who cited me was from the 'county' i.e. the Santa Clara Sheriff's Department? Are they conceivably more aggressive in defending the citations they hand off - like responding to a TBD and also appearing (without fail) in a court trial?

[Jim_bo]

Originally Posted by Zigner

Yes, that's true.

Too bad the OP wasn't cited for 22350, right?

You are missing my point. I'm saying if there was a violation that occurred, it wasn't the OP violating 21658, it was the cop violating 22350.

[billywilliams]

Trojan,

How did it go? I support you defending yourself. I'm in the same position and trying to defend the same 21658 code.