When you get a ticket for an unsafe lane change in a CMV (commercial motor vehicle) around Woodland, CA, consulting a CA traffic attorney is a wise first step.
Many experienced drivers underestimate the importance of legal representation. They might rely on anecdotes or outdated advice, believing an attorney won't be helpful. This can be a costly mistake. For a commercial driver, this could negatively affect their driving career.
Traffic ticket defense attorneys specialize in navigating the legal system for clients, just like CMV drivers navigate the roads. Their expertise far exceeds what someone with limited courtroom experience can manage independently.
Understanding the Charges: Unsafe Lane Change in a CMV
CA Vehicle Code (VC) Section 22107, Turning and Stopping and Turning Signals, states that "No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal..."
Similarly, CA VC Section 22108 emphasizes the need for a continuous signal for at least 100 feet before lane changes. However, this is only required when other vehicles might be affected by the lane change. In other words, the driver should not be ticketed for not using a blinker when there are no other vehicles on the road.
To prove guilt, the State must prove three key elements for an unsafe lane change conviction:
Did the driver change lanes with "reasonable safety?"
Did the driver signal "continuously during the last 100 feet traveled by the vehicle before turning?"
Were other drivers affected by the lane change?
The judge may dismiss the charges if your attorney can cast “reasonable doubt” on either element.
Possible Defense Strategies and Penalties
Even if raising doubt about the core elements isn't possible, your attorney might negotiate a lesser charge. This could be a non-moving violation with just a fine. Judges may consider such options to avoid jeopardizing a driver's employment while still imposing a penalty.
Remember, every situation is unique. Consulting a knowledgeable traffic attorney is crucial to understanding your chances of dismissal, a reduced charge, or a fine-only outcome.
The Serious Consequences of an Unsafe Lane Change in a CMV
Unsafe lane change convictions for CMV drivers carry significant weight beyond a simple fine. Paying the fine triggers a series of negative consequences:
Department of Motor Vehicles (DMV) Points: The DMV will assess 1.5 Negligent Operator Treatment System (NOTS) points.
Federal Motor Carrier Safety Administration (FMCSA) Points: The FMCSA will assign Compliance, Safety, and Accountability (CSA) severity points on the carrier’s Safety Measurement System (SMS) record and the driver’s record.
Civil Fines: The FMCSA might impose civil fines on you, your employer, or both.
Pre-employment Screening Program (PSP) Record: A record of the conviction will stay on your PSP record for three years, potentially impacting future employment.
Driver Disqualification for Serious Offenses: Subsequent unsafe lane change convictions within three years can lead to driver disqualification for 60 days (second offense) or 120 days (third offense) by the FMCSA.
Negotiating a reduced, non-moving violation might be the best possible outcome, as there are no NOTS points and a good negotiated plea should avoid severe FMSCA/PSP consequences.
Don't Face These Challenges Alone
Ensure your rights are protected. If you have questions about an unsafe lane change ticket for a CMV in Woodland, CA, consult an experienced and knowledgeable traffic attorney as soon as possible.
Consult Bigger & Harman About an Unsafe Lane Change in a CMV in Woodland, CA
Choose Bigger & Harman, APC, when you face a possible serious offense conviction on your PSP.
Contact us at (661) 349-9300—Se habla Español (661) 349-9755. Use our client-friendly contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 22107 & 22108, Turning and Stopping and Turning Signals
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.