An unsafe lane change in a CMV is a minor infraction with a $238 fine in California; however, it is a “serious offense” at the DOT FMCSA that could have long-lasting consequences.
Many commercial drivers simply pay the fine and move on, but this approach may be costly in the long run. Understanding the full impact of a conviction is crucial to protecting your commercial driving career.
The Consequences of an Unsafe Lane Change in a CMV
An unsafe lane change in a CMV is classified as a "serious offense" by the DOT FMCSA.
A second conviction within three years could result in a 60-day disqualification of your commercial driving privileges. This could significantly impact your ability to work and earn a living.
If you already have a previous unsafe lane change or another serious FMCSA offense, it is essential to consult a traffic attorney.
Commercial driver’s license (CDL) holders should challenge the ticket in court to avoid a second conviction, which would lead to severe penalties.
Why You Should Consult a Traffic Attorney
While it may seem easier just to pay the fine, hiring a traffic attorney can help you avoid harsh consequences at the FMCSA.
A traffic attorney is experienced in handling commercial vehicle cases and can often secure a better outcome.
Some tickets are easier for an attorney to get dismissed, but no attorney can guarantee a dismissal. Be cautious of online services that promise quick fixes without the assistance of licensed attorneys.
Check to ensure any attorney you hire is California Bar licensed and has experience regularly appearing in Fresno traffic court. Traffic violations for commercial vehicles are serious, and you want an attorney who is knowledgeable and experienced in this area.
What California Law Says About Unsafe Lane Changes
California's traffic code outlines two important points regarding lane changes:
You must ensure it is safe to move left or right on the highway.
You must signal your intentions to other drivers who may be affected by your move.
However, there are situations where an unsafe lane change might be necessary to avoid an accident.
If another vehicle cuts you off or debris suddenly appears in your lane, you may have to change lanes quickly.
Likewise, a law enforcement officer (LEO) should not issue a ticket for an unsafe lane change when no other vehicle was affected by the driver's move without using their blinker.
For instance, if the LEO sees the driver maneuver their vehicle between lanes without signaling, and there are no other vehicles on the road, was that an unsafe lane change?
Of course, that would be up to a traffic court judge to determine, but logic would suggest it was not.
Despite these circumstances, drivers must always do their best to stay within the legal guidelines.
According to CA Vehicle Code (VC) Section 22107, Turning and Stopping and Turning Signals:
"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..."
If a law enforcement officer does not agree with your reasoning for making the lane change, you may need to challenge their viewpoint in court. However, a driver should never argue with the LEO on the side of the road. Sign the ticket and consult a traffic attorney.
The Impact on a CDL Holder’s Record
For CDL holders, an unsafe lane change carries serious consequences.
If convicted, the DMV will assess 1.5 Negligent Operator Treatment System (NOTS) points. These points will be reported to the FMCSA and affect your Compliance, Safety, and Accountability (CSA) score, and your Pre-employment Screening Program (PSP) record for up to three years.
A second conviction within three years will result in a 60-day driver disqualification. A third offense leads to a 120-day disqualification, and a fourth could result in a one-year disqualification.
Dispute an Unsafe Lane Change in a CMV with a Traffic Attorney
If you've received a ticket for an unsafe lane change in Truckee, Nevada County, CA, it’s crucial to take action immediately.
A traffic attorney can assist you in challenging the ticket and protecting your CDL. With the right legal help, you may be able to avoid a conviction, secure a no-point, non-moving violation for the price of a fine, and safeguard your driving career.
Don’t risk your livelihood—contact a traffic attorney today to discuss your case.
Consult Bigger & Harman, APC, about an Unsafe Lane Change in a CMV in Nevada County
If you have received an unsafe lane change in a CMV citation that requires resolution in Truckee Courthouse, call us at (661) 349-9300—Se habla Español 349-9755.
Email us at attorney@biggerharmanlaw.com, or use our contact form to schedule a free consultation.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 22107, Turning and Stopping and Turning Signals.
The DMV Portal CA Commercial Driver Handbook.