In California, drivers can only change lanes when it is safe to do so and must signal their intent beforehand. If you have been ticketed for violating CA Vehicle Code 22107, you have been cited for making an unsafe lane change, which is prohibited under California law. Such driving behavior can lead to serious accidents that cause injuries, damaged vehicles, and even fatalities.
If an unsafe lane change has led to a DUI arrest in California. There are serious legal consequences for any traffic violations, but you have options for fighting your case. A Los Angeles DUI lawyer can review your situation and advise you on your next steps.
CA Vehicle Code 22107 Defined
California Vehicle Code §22107 governs lane changes. The law prohibits drivers from turning a vehicle from a direct course on the roadway or moving it from right or left unless such movement can be made with reasonable safety. If the action can affect other vehicles, the motorist must provide an appropriate signal before proceeding.
What Makes a Lane Change Unsafe?
An unsafe lane change typically involves changing lanes:
- Without signaling or failing to signal long enough in advance.
- When it is unsafe to do so, such as in heavy traffic or at high speeds.
- Without checking mirrors and blind spots first to ensure no vehicles are in the way.
- Without gauging if there is enough physical space to do so.
Other Laws That May Impact Your Case
One common misunderstanding of this law is when to signal your intentions. Other drivers need enough time to see your signal and respond before you make a move. According to VC 22108, all drivers must signal at least 100 feet before turning or changing lanes.
When signaling for a turn or to slow down, you can’t just use any gesture. Vehicle Code 22111 outlines the proper hand signals. It’s important to know the correct signals for turning right, turning left, and stopping and use them early enough for others to see your actions.
What Are the Penalties for Making an Unsafe Lane Change in California?
The fine for unsafely changing lanes is $238. An offender will gain one point on their driver’s license, which remains for three years. If your situation involves a DUI in California, points will be added to your license for this offense, too. Points on your license can lead to higher insurance premiums.
You should not ignore an unsafe lane change traffic ticket. Failing to pay the fine or failing to appear in court if ordered to do so can lead to penalties. Unpaid fines can end up in a collection agency, which can affect your credit score and lead to other complications.
Unsafe Lane Changes Could Lead to DUI Charges in California
California takes DUI (driving under the influence) offenses very seriously and strictly penalizes those who drive while impaired.
When a driver under the influence commits an unsafe lane change, it can lead to:
- Increased scrutiny: Law enforcement officers consider signs of erratic driving, such as unsafe lane changes, as indicators of possible impairment. An unsafe lane change could be the initial reason an officer pulls over a driver, which can lead to a DUI investigation.
- Additional charges: If an officer determines a driver is operating a vehicle while under the influence during a traffic stop for an unsafe lane change, the individual could face charges for the unsafe lane change and driving while impaired, which can result in harsher penalties.
- More penalties: If you face penalties for DUI and an unsafe lane change, you can pay higher fines and higher insurance rates, face longer driver’s license suspension periods, and potentially even jail time, depending on the severity and specifics of the case.
- Court evidence: In court, an unsafe lane change can serve as supporting evidence of a driver’s impairment. Prosecutors might use the fact that the driver was not following basic traffic laws as evidence that they were too impaired to operate a vehicle safely.
Can I Go to Traffic School?
Attending traffic school is an effective way to mitigate the financial repercussions of an unsafe lane change violation. In California, drivers are typically eligible for traffic school for moving violations if they 1) haven’t attended traffic school for a moving violation in the past 18 months; 2) agree to plead guilty to the violation and pay any associated fines.
Request court approval for traffic school, and if granted, completing the course allows you to mask the point from your driving record. While the violation won’t be erased from your record, it will not be visible to insurance companies, protecting you from potential increases in your auto insurance rates.
What to Do When an Unsafe Lane Change Brings a DUI Charge
If you or a loved one faces DUI charges, particularly where an unsafe lane change is involved, it is likely time to seek legal representation as soon as possible. A DUI attorney from our team can protect your rights while working to resolve your case.
Our DUI attorneys will review your case, including whether an unsafe lane change, as defined under CA Vehicle Code 22107, happened. After your arrest, you can start documenting everything related to the incident to ensure your account of events is considered.
You can include all of the following shortly after the traffic stop while your memory is still fresh:
- Notes about the events leading up to the traffic stop.
- Your interaction with law enforcement.
- All relevant circumstances that can help your defense.
How We Can Defend You in an Unsafe Lane Change DUI Case
DUI arrest lawyers always aim to advise clients on the best way to proceed with a case. We understand the nuances of DUI laws in California and can navigate the complexities of both charges to reduce the severity of the consequences you face.
We can take several actions to fight a DUI charge to obtain the most favorable outcome in your situation. These include:
- Challenging the traffic stop: If the traffic stop that led to the DUI charge came after an alleged unsafe lane change, we can challenge the legality of the stop. If we find the stop was illegal, any evidence collected during the stop, including breathalyzer results and field sobriety tests, might not be allowed as evidence in court.
- Demonstrating lack of probable cause: We can argue that there was not enough probable cause for a DUI charge in your case, even if an unsafe lane change occurred. This could involve challenging the accuracy of the arresting officer’s observations of impairment.
- Questioning the accuracy of the sobriety test: If you took a breathalyzer test, blood test, urine test, or field sobriety test, we can examine the results and challenge their accuracy. Errors in testing procedures and faulty equipment can affect test results. Even certain medical conditions can result in false positives on a blood alcohol test.
- Negotiating a plea deal: Many impaired driving cases are resolved through a DUI plea bargain. We can negotiate with the prosecution to reduce your charges, possibly dropping the unsafe lane change charge or reducing the DUI charge to a lesser offense like “wet reckless driving,” which is alcohol-related reckless driving.
No two DUI-related cases are alike, so we develop a legal strategy that addresses the unique factors and circumstances in each one.
Reduced DUI Charges Can Lead to Other Outcomes
Even if you are facing DUI charges, you can take proactive steps to avoid severe penalties. The strategies below can help you show a commitment to rehabilitation and persuade the court to consider a lighter penalty in your situation.
Attend a DUI School or Alcohol Counseling
Enrolling in and completing a DUI education program or alcohol counseling on your own shows the court that you are committed and serious about taking responsibility for your actions and seeking help to improve. This might persuade the court to impose lighter penalties.
Good Character and a Clean Record
Evidence of good character and a clean driving record (if applicable) can benefit defendants in DUI cases. We can present letters of recommendation, employment records, and documentation of community service to help show you in a positive light.
Restitution and Community Service
You can offer to perform community service or pay restitution, which might also be used as part of a plea deal to reduce the charges.
Call if Your Unsafe Lane Change Case Involves a DUI Charge
California traffic laws like CA Vehicle Code 22107 aim to protect people from unsafe lane changes and other dangerous road behavior. But sometimes, one offense can lead to others, including serious DUI charges. If this is your situation, a Los Angeles DUI lawyer can help you take steps that protect your present and future.
Your attorney will help you fight to have the charges reduced or dropped or seek another outcome that shields you from the harshest consequences. Call or contact us online today to get started.
