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Multiple Lane Change Violation?

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GoodDay

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

Greetings. I was cited by the FHP this afternoon while driving home from work on I-75, which has four lanes headed north. I was in the second lane from the right lane, driving north, behind a semi truck that was traveling at 55 mph. I had been driving behind the truck for at least a mile. The posted speed limit is 70 mph. I wanted to pass the semi because it was going slower than the posted speed limit. I decided not to pass on the right because the entrance ramp for the next exit was about a half mile away on the right and I preferred not to have to deal with the traffic merging into the far right lane from the entrance ramp. So, I looked at the left hand lane and it was now clear as a vehicle had passed me on the left a few seconds prior and there was sufficient space to pull into that lane. In addition, the lane on the far left (two lanes over from where I was driving) was also open and I judged that the vehicle driving in the far left lane was a sufficient distance back (say 20 car lengths or more) that I felt was able to move over two lanes without impeding traffic in the far left passing lane. So, I turned on my left hand turn signal and stepped on the gas and moved over two lanes in a fairly singular step. Not only did I use my mirror, I also turned my head and looked at my blind spot.

When I was in the far left lane, I immediately glanced in my rearview mirror and judged that the car approaching from behind me was still at least 10 car lengths behind me. I glanced at my speedometer and determined that I was driving 72 mph. I did not feel the need to adjust my speed as it appeared that the car behind me was not gaining on my vehicle. As it turned out, the vehicle behind me was an FHP state trooper. About 10 seconds after I had pulled into the passing lane, the FHP turned on his lights and pulled me over.

The FHP officer approached and asked me if I had seen him. I said yes. He then said I could not cross multiple lanes in one fell swoop. Rather, I needed to change one lane. Stop. Look in my mirror. Then change the lane agains. He stressed that I needed to pause after changing each lane. I said in response that I appreciated the point he was making and that it was indeed necessary to make sure that the lanes were clear before changing lanes, but that I had seen that his vehicle was a sufficient distance back and that there had still been sufficient spacing between our vehicles after I pulled into his lane.

The officer cited me for a violation of Florida Statute section 316.085(2), which states: "No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction."

I guess I am at loss at to what I did wrong. The officer agreed that I had not been speeding. He also did not state that I had forced him to slam on his breaks, to slow down, or that I had otherwise impeded his progress in the passing lane. If that had been the case, I would feel differently and would not be fretting over whether I did something wrong. I was simply not aware of any law that said I must always stop/pause before changing from lane to lane. And, after reading the statute, I must admit that I am still at a loss as to what I actually did wrong here. Certainly, it is a good idea to always assess the traffic situation before changing lanes, which is why I understood the general point the officer was trying to make. Generally, I would not attempt to change two lanes at a time, simply because the situation would not present itself given the recommended safe driving distances and travel conditions at rush hour. That being said, this is a move that I see people routinely do all the time (changing multiple lanes at a time) and I was not aware of an "always stop/pause" when changing multiple lanes rule.

One final thing, which probably comes down to a he said/he said scenario. When the officer gave me the ticket, he said that I had changed three lanes (moving from the far right lane to the far left lane). This was not something that he brought up when we first talked, and before he went to his car to write the ticket and then return to give it to. I've gone over this a hundred times in my head since this afternoon, and I simply don't remember doing that for the reason I stated above. I distinctly remember traveling behind the slow moving semi truck for a mile before making my move. Anyhow, when I tried to tell the officer that I had actually been in the second lane from the right, he said that it didn't matter for the reasons he previously stated (i.e., always must pause/stop when changing lanes) and that he wasn't going to argue about it with me. He simply turned around and walked back to his car. The FHP officer was actually pretty nice about it all.

Any comments/suggestions? Thanks in advance.
 


You Are Guilty

Senior Member
It's a sad state of affairs in this country that "don't change more than one lane at a time" is not a staple of the drivers ed curriculum. It used to be common knowledge.

Anyway, as to the statute, while not the best worded example, there is still a violation for "lane jumping". Namely:

No vehicle shall be driven from a direct course in any lane on any highway
Well, you did do that part.

...until the driver has determined that the vehicle is not being approached . . .by any other vehicle in the lane or on the side to which the driver desires to move
And I think here is where they get you. You were "being approached", unfortunately for you, by a cop.

... and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.
Note the conjunctive. The fact that you lane jumped "safely" is only half the battle.

That said, this strikes me as a prime example of when a warning would have sufficed and it's certainly possible the court would agree to some sort of plea bargain if you were to contest this. (No guarantees of course, but you really have nothing to lose by trying).
 

GoodDay

Junior Member
Thanks for the informative response. I understand, and agree, with everything you said. When I read the statute I ultimately got hung up on the "move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction" part of the statute.

If the officer had commented that I had impeded his progress in any way (ie., cut him off, caused him to slow down) or any of the vehicles around us, then I most certainly would have violated the statute. We didn't have a very long discussion. But, officer agreed that I had not been speeding, that I had used my turn signal, that I had not been driving recklessly, etc.

His stance on "lane jumping," as you put is, is certainly the safest way to drive. "Safety first." "When in doubt, don't." Etc. I get that and specifically made the point of telling the officer that his stance was well taken, and that I would have never made the move if it could not be done safely. So, from that standpoint, if the legislature wants to change the law on that point, I would have no objection. (Certainly, there would have been no chance for human error on my part if I don't attempt to move to the second lane). But, as it is, I made a judgment call and it came back to bite me. Lesson learned.

Thanks again.
 

You Are Guilty

Senior Member
I wouldn't lose too much sleep over it. (I am horrifically bad at following the various traffic laws and do this all the time, especially on an otherwise empty highway. It's not exactly a rare occurrence).

But the fact that you didn't impede the officer works to your advantage, however slight. I wouldn't be surprised if you were able to cut a really sweet deal once you plead not guilty and showed up in court. If not dismissed outright, you may be able to at least get it down to a different, less costly, infraction.
 

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