Saturday, November 20, 2010

CA CVC 21658A (illegal lane change)?

I was driving down Mission Blvd in Hayward, CA. I had been driving down this street for approximately 15-20 mins when I met up w/ an old school Plymouth on the side of me at a stop light. still heading down Mission I end up following behind the Plymouth because the Toyota that was in front of me was driving way below the speed limit. Unfortunately, after following behind the Plymouth 3-4 blocks, I noticed that the car had a broken taillight. Both the Toyota and Plymouth thought it was a good idea to drive side by side, so I waited until there was enough room for me to get back in the left lane and get in front of the Toyota, and no one had to break. 5 mins later I look in my rear view mirror and see a police car tailgating the Plymouth, I tell the passenger in my car ';That cop sure is riding that cars ***'; and the passenger said its probably because of the tail light. As I approach the light, which was 10 mins after I changed lanes, the cop all of a sudden speeds up behind me and pulls me over. I ask why am I being pulled over he tells me ';I'll tell you after you give me your license and registration'; I give it to him he then replies ';You were following to close before you got over'; I ask him how am I being pulled over for that when he was just tailgating the other car with a broken tail light he says ';you were following to close behind the car with a broken tail light so I can really get you for tail gating, and an illegal lane change'; I think the ticket is completely bogus because he tailgated that car for 2 blocks, and there was only myself the toyota and the plymouth on the road, but i truly believe that I got a ticket because of my race because it makes no sense to

me how he can pass another car up then target me after he tailgated another car for 2-3 blocks.

What grounds can I fight this on? Is it Worth Contesting? What Qualifies As an Unsafe Lane Change?CA CVC 21658A (illegal lane change)?
This is the law:



21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:



(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.



(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.



As I said when you asked this question a month ago, what the cop does before pulling you over is essentially irrelevant. The question is, did you change lanes when it was not reasonably safe? No one here knows.CA CVC 21658A (illegal lane change)?
As I understand it, your defense would be that the officer did it, too? I wouldn't hold out any hope that you'd win on that basis.
You really think you can contest a ticket by saying well he was breaking the same law AND he could have pulled the other guy over? The Judge isn't going to throw out your ticket on the basis of you broke the law as well, BUT the cop disliked you more. The Judge would likely get more annoyed at you for contesting it with such a silly attempt. You have the legal right to contest the ticket, but instead of trying to argue that they should have pulled over the other guy point out that the cars were driving side by side and were under the speed limit(as long as we are talking about the LEGAL speed limit, not the oh he was driving 35 in a 35, instead of going 40-45). If you really want to argue that you weren't wrong then try to explain your side, not point out what YOU feel the cop did wrong.
A reasonable distance between cars is one car length for every 10 MPH.

Now that said, Nobody follows at that distance. Well I try to and that is

probably why other drivers are telling me I am #1 driver with their finger.

With what you said, your lane change was made with just barely enough

room. I would guess a bored officer seen your squeeze through and went

after you. To intent on you and never saw the broken tail light. I started

driving trucks at a young age and it did not take me long to figure out that

I had to drive in a manner that drew as little attention to me as possible.

Pay the fine and learn from this incident.

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