Also known as the unsafe turning movement CVC, California Vehicle Code Section 22107: Unsafe Lane Changes mandates: “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.”
This law makes other drivers and pedestrians aware of how a vehicle intends to move. If you are charged with making an unsafe lane change, Simmrin Law Group can help. Our Los Angeles criminal defense lawyers can represent you in traffic court. Call for a free consultation.
Understanding California’s Law for Unsafe Lane Changes
California Vehicle Code Section 22107 applies in two situations: when you change lanes or when you steer your vehicle away from the center line you’re traveling. An example of the latter would be if there was some fallen debris in the roadway and you needed to dodge it.
Before you can move your vehicle to do either of these, two things must be present: 1)It must be reasonably safe to move the position of the vehicle right or left; 2) You must give an appropriate signal to let others know what’s happening.
The most common way to signal is to use the turn signals built into all vehicles. Hand signals are also acceptable.
Other Laws That Apply
One area of confusion in this California Vehicle Code is when you have to signal. The people around you must have enough time to notice your signal and react before you move. This is covered by VC 22108. This law requires all drivers to signal 100 feet before turning or changing lanes.
You can’t use any motion you want to signal if you’re turning or slowing down. Vehicle Code 22111 gives the rules governing hand signals. You need to know the signals for turning right, turning left, and stopping and use them soon enough that others can see what you’re doing.
For a free legal consultation with an unsafe lane changes lawyer serving California, call (310) 896-2723
Could I Be Found Negligent if I Make an Unsafe Turning Movement?
Yes. Unsafe lane changes are a cause of “sideswipe” accidents. This is when the sides of two vehicles collide. If you cause a crash because you broke California Vehicle Code Section 22107, you may be considered at fault for the accident.
That’s because vehicle violations create a situation called “negligence per se.” This term means that the act is negligent in and of itself. Nothing else needs to be proven. The plaintiff doesn’t need to prove you acted negligently because you broke the law.
Therefore, you may be liable for paying for the other driver’s injuries and car damage. Your insurance may pay for it, but you’ll face higher insurance premiums because you caused a crash. You’ll have to pay the other party if you don’t have insurance and lose your case.
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What Are the Legal Penalties for Breaking California Vehicle Code Section 22107?
This crime is an infraction, which is less severe than a misdemeanor or a felony. Assuming you have no defense, you will receive a fine and have a point added to your driving record. The fine will vary, but it’s usually over $200 as of this writing.
If you have too many points within a certain period, the California Department of Motor Vehicles can suspend or revoke your driver’s license. You may also be forced to pay higher premiums because insurance companies track driving records.
You must also appear in court to explain what happened. If you fail to appear in court willingly, even if you are innocent, you will be charged with a misdemeanor. Failure to appear can put you in jail for up to six months, and you’ll receive additional fines.
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How Can I Defend Myself Against a Charge for an Unsafe Lane Change?
You can fight back against your charge of unsafe lane change by working with a criminal defense lawyer familiar with California’s Vehicle Code and traffic violation cases. A lawyer can provide legal advice, help interpret the laws as they apply to you, and represent you in traffic court.
Some defense strategies that may apply to your case include:
- The signaling device wasn’t working.
- An emergency forced you to change lanes quickly to avoid an accident.
- The lane change was made safely despite not signaling.
- There wasn’t proper signage or road markings to locate the lanes.
In some cases, your criminal defense lawyer may negotiate a plea to a lesser charge or ask you to take driver’s education classes. This could result in lower fines or other reduced penalties. A lawyer can advise on whether this is a viable option.
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Do I Have to Do Traffic School?
If you violate CVC 22107, you aren’t required to attend traffic school, but you may choose to go voluntarily to improve your driving skills and knowledge of traffic regulations. Attending traffic school can be an advantageous option, particularly if you want to demonstrate a commitment to responsible driving.
While attending traffic school can be beneficial, you are still responsible for paying the fine associated with your ticket. This means that, even if you opt to complete a traffic school course, you will need to settle the financial penalty imposed by the court. The fine is separate from the costs associated with the traffic school itself.
Speak With a Los Angeles Traffic Defense Lawyer
Unsafe lane changes can lead to serious consequences, including fines, points on your driving record, and even increased insurance premiums. Having experienced legal representation can make a significant difference in the outcome of your case.
Simmrin Law Group will assist you in navigating the complexities of court. Our team of skilled attorneys is knowledgeable about traffic violations and understands the intricacies of California law. We will build a strong defense against your charges, whether that involves negotiating with prosecutors or representing you in court.
We want to ensure that your rights are protected and that you receive fair treatment throughout the legal process. Call us today to discuss your next steps.
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