DUI Lawyer | Joel Brand, Esq.

VC 21658 – Unsafe Lane Changes

California Vehicle Code Section 21658 is a critical statute that regulates lane usage and changes. This code section is vital for maintaining order on the roads and ensuring driver safety. Violations of VC 21658 can lead to significant legal consequences, particularly when they intersect with other offenses such as Driving Under the Influence (DUI). This article will provide a thorough analysis of VC 21658, including its text, implications, common violations, and defenses.

Legal Language of VC 21658

The precise text of California Vehicle Code § 21658 is as follows:

21658. Lane Usage

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

(b) It is unlawful for a driver to change lanes unless the driver has first ascertained that such movement can be made with safety.

(c) For purposes of this section, a vehicle shall be deemed to be driven as nearly as practical entirely within a single lane if the vehicle does not leave its lane by more than one-half of the lane width.

Provisions and Requirements

1. Lane Usage and Safety

VC 21658(a) mandates that drivers must stay within their lane as much as practical and should not change lanes until they have ensured it is safe to do so. This provision aims to prevent accidents caused by lane drifting or unsafe lane changes.

2. Lane Change Requirements

VC 21658(b) specifies that a driver must first ensure that a lane change can be made safely before executing the maneuver. This requirement emphasizes the importance of checking blind spots and using mirrors to prevent collisions.

3. Lane Departure

VC 21658(c) defines the conditions under which a vehicle is considered to be driven within a single lane. If a vehicle drifts more than half the width of its lane, it is deemed to have left its lane, which constitutes a violation of this section.

Legal Implications

Violations of VC 21658 can lead to various legal consequences, particularly when they intersect with other traffic offenses or DUI charges.

1. Traffic Violations and Points

A violation of VC 21658 is generally classified as an infraction. Infractions typically result in a fine and points on the driver’s record. Accumulating too many points can lead to increased insurance premiums and potential suspension of the driver’s license.

2. DUI and Traffic Violations

When a driver is charged with DUI, any additional traffic violations, including those under VC 21658, can exacerbate the situation. The following considerations are important:

  • Indication of Impairment: Frequent lane drifting or unsafe lane changes may suggest impaired driving, which can strengthen the DUI charge.
  • Impact on Sentencing: A history of lane violation infractions, combined with a DUI conviction, can result in harsher penalties, including increased fines, longer license suspensions, or additional mandatory programs.

3. Defenses Against VC 21658 Violations

Several defenses may be applicable to VC 21658 violations, including:

  • Necessity: Demonstrating that a lane change was necessary to avoid an immediate danger, such as an obstacle or an emergency vehicle.
  • Medical Emergency: Showing that a medical emergency necessitated a lane change or lane departure.
  • Vehicle Defects: Proving that a mechanical defect, such as a steering issue, caused the lane departure, which was not under the driver’s control.

Case Law and Interpretation

Judicial interpretations and case law have further elucidated the application of VC 21658:

  • People v. Smith (2011): This case clarified that even slight deviations from a lane’s center could constitute a violation if they are deemed to affect safety. The court reinforced that maintaining lane discipline is crucial for road safety.
  • People v. Lopez (2015): In this case, the court emphasized that the intent of VC 21658 is to prevent accidents by ensuring drivers adhere to lane rules. The ruling highlighted that violations, even if minor, can be relevant in DUI cases to establish a pattern of unsafe driving behavior.

Intersection with DUI Cases

When a DUI arrest involves a lane usage violation under VC 21658, it is essential to consider the broader implications:

  1. Evidence of Impairment: A lane change violation, coupled with erratic driving patterns, may be used as evidence of impairment. The prosecution may argue that such behavior indicates reduced ability to drive safely.
  2. Impact on Defense: For defense attorneys, demonstrating that a lane change was made safely or in response to an emergency can be crucial in countering both the lane violation and DUI charges.
  3. Sentencing Considerations: A DUI conviction accompanied by lane usage violations may lead to enhanced sentencing, including increased fines, longer license suspension periods, or more stringent probation conditions.

Conclusion

California Vehicle Code Section 21658 is a fundamental statute that governs lane usage and changes, ensuring that drivers maintain safe driving practices. Violations of this section can have significant implications, particularly when they are part of a DUI charge or other traffic offenses. Understanding VC 21658 and its legal consequences is essential for both drivers and legal professionals in navigating traffic laws and addressing DUI-related issues.