VC 21658 Lane Weaving Citations: Law, Penalty & Criminal Defense Lawyers Explain CA Vehicle Code 21658.
- 8 hours ago
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A California traffic citation for “lane weaving” may be issued to a driver whenever a road that has been divided into two or more clearly marked lanes for traffic in one direction is crossed by the driver in the following situations:
A traffic lane is crossed in an unreasonably safe manner (VC 21658(a) Abbrev.), or
An official sign directs single lane use without crossing lanes and the driver crosses the traffic lane (VC 21658(b) Abbrev.)
Lane Weaving Examples: Examples of lane weaving include land straddling (driving on the traffic lane), unsafe lane switching or unreasonable frequency of lane switching, and drifting within, or over traffic lanes.
Note: When a clearly marked traffic sign indicates that traffic lanes may not be switched, then no lane switching (weaving) may occur, even if lane switching is otherwise reasonable safe.
Also, CA Vehicle Code 21568 states that the driver must stay within the lane ‘as nearly as practicable.’
This means that CA law recognizes that sometimes the traffic lanes themselves cannot be practicably managed by a driver in such a way as the driver can reasonably stay within the traffic lanes (i.e., debris in the road, road damage, traffic lanes not clearly marked, etc.).
Signaling Not a Defense: VC 21658 applies to lane weaving regardless of whether the driver properly signals a lane change, so long as the driver is otherwise not reasonably safe with his or her lane changes. Of course, Not Signaling a lane change without legal justification is likely a VC 21658 violation.
Example I: David makes ten lane changes within a mile of road travel as he weaves in and out of traffic lanes to pass slower vehicles. David signals a lane change just prior to all lane changes.
Result: David may be charged with excessive lane weaving under VC 21658 even though he signals each lane change. This is because David’s excessive lane weaving is unreasonably dangerous.
Example II: David makes only one lane change over the course of a mile of driving; he signals for his lane change just prior to making his lane change. However, David’s signal for his lane change was simultaneous to his moving into the adjoining lane.
Result: David may be cited for lane weaving under VC 21658 because his lane change was unreasonably safe even though he signaled for the lane change. In other words, David allowed no reasonably amount of time for other drivers to recognize that he was about to change lanes.
Example III: David makes one lane change over the course of a mile and he properly signals a lane change with sufficient notice to other drivers. There are no other vehicles on the road but there is a clearly marked sign that indicates “No Changing Lanes.”
Result: David may be charged with a violation of CA vehicle code 21658(b) because a “No Changing Lanes” sign, which is clearly marked, must be obeyed, even if a lane change appears safe and the driver makes not unreasonable lane change.
Example IV: David makes a lane change after properly signaling for the same. Nevertheless, David relies on his light indicator for signaling and he does not check to make sure the lane change is otherwise safe. As a result, David nearly collided with another vehicle during his lane change.
Result: David may be cited for VC 21658(a) because a driver must make no unsafe lane change even if he or she otherwise properly signals his or her traffic lane change.
Note: A safe lane change involves using proper turn signaling, checking rearview mirrors, checking blind spots and changing lanes only after it appears reasonably safe to do so. Safe lane changes also involve no unreasonable delay in completing the lane change once started (no slow drifting between lanes regardless of proper signaling).
VC 21658 Penalties
Most lane weaving traffic citations amount to an infraction if the driver is found guilty, as opposed to a misdemeanor or felony. However, a VC 21658 (lane weaving) citation may result in greater penalties if the driver has many prior traffic citations (i.e., misdemeanor habitual traffic offender).
Fines: The fines related to VC 21658 are approximately three hundred dollars ($300), but the driver’s driving insurance and “points” on his or her driving record will likely also be affected (i.e., one point on driving record for violations of VC 21658).
VC 21658 Defense
Common defenses to lane weaving violations charged under VC 21658 include necessity (emergency situations), misidentification of vehicle by law enforcement, traffic lane or signs not clearly marked, duress, insufficient evidence to prove the driver weaved between lanes, and “brief touching of traffic lane without crossing the traffic lane.”
Note: VC 21658 lane weaving traffic citations are handled in traffic court, as opposed to misdemeanor or felony court. In the Inland Empire, traffic courts are located in Moreno Valley (Riverside County), and Fontana (San Bernardino County).
Traffic School: Some drivers who are cited for VC 21658 may be eligible for traffic school, depending on the driver’s Department of Motor Vehicles (DMV) record and other eligibility factors.
If traffic school is successfully completed, the “point” on the driver’s record for his or her VC 21658 citation will be removed. This will usually save the defendant from insurance rate hikes related to the lane weaving citation.
Note: Lane weaving and VC 21658 are often cited as the reason for why an officer pulled over a driver in a DUI case. If the criminal defendant in a DUI case can successfully show that lane weaving did not occur and that the officer was objectively unreasonable in his or belief that a VC 21658 violation had occurred, then the criminal defendant might have his or her DUI case dismissed. See Illegal Search & Seizure.
Not a Defense: A traffic citation for VC 21658 may be issued even if the driver did not intend to lane weave. An accidental and unsafe lane weaving (lane change) can result in a VC 21658 violation.
To learn more about California vehicle code 21658, contact or CA criminal defense lawyers today for a free consultation. Our criminal defense lawyers handle all California infraction, misdemeanor & felony vehicle code violations.
We represent clients in all Orange, Los Angeles, San Bernardino & Riverside courts and cities, including Riverside, Eastvale, Jurupa Valley, Hesperia, Victorville, Rancho Cucamonga, Redlands, Banning, Fontana, Rialto, Yucaipa, Ontario, Upland, & More. Call today!
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