Los Angeles DUI: Stopping For Unsafe Lane Turning
This article discusses California Vehicle Code 22107: Unsafe Lane Сhange. Click on the links below to go directly to your topic of interest.
- California Vehicle Code 22107
- Reason to stop for CVC 22107
- What is the cost of the 22107 violation in California?
- How To Fight CVC 22107 Fine in California?
California Vehicle Code 22107 (CVC 22107)
CVC 22107. 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 in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
Under CVC 22107, a vehicle can not turn right or left unless it is safe and unless a signal is given before a turn. In other words, this law requires using blinkers before a car can turn or change lanes. When the car does not have blinkers, a hand signal must be given to let other people know that you are planning to make a turn.
Reason to stop for Unsafe Lane Сhange (CVC 22107)
When a driver does not use the blinker or a hand signal before turning or changing lanes, he can be stopped by the police. A traffic stop is probably the most common way the police will come in contact with a driver and any stop can lead to a DUI investigation. California VC 22107 is a very common violation that is given as a reason for lots and lots of DUI investigations. Making sure you use a blinker is very important if you want to avoid being stopped by the Los Angeles police, CHP, or other police agencies in Los Angeles. If you are looking for a DUI attorney in Los Angeles, call our office to schedule a free consultation. We specialize in defending DUI cases and use motions to attempt dismissal of Los Angeles DUI charges prior to a jury trial. Only when the motions for dismissals are denied by judges and we are unable to get a good plea bargaining offer from the Los Angeles DUI prosecutors, Los Angeles DUI attorney will take your case to a jury trial.
What is the cost of a Vehicle Code 22107 violation in California?
A CVC 22107 is not an expensive ticket relatively speaking with fines running between $300 and $400 depending on the county. Often, the police will let you go with a mere warning when the reason for the stop is CVC 22107. If cited, this ticket is a moving violation that carries 1 point on the driving record and can be removed from the driving record with a traffic school. However, the police will use this code section to start a DUI investigation.
You should also consider hiring an attorney even if you are not arrested for a DUI. A traffic attorney can go to court for you and fight your ticket. If you are concerned with missing work, an attorney can appear instead of you in court and keep you informed of the results. Many times attorney can have the ticket dismissed.
If you are a truck driver, any ticket has to be fought in California because the DMV will not allow traffic school. Also, a one-point violation on the commercial driver’s license is counted as a 1.5 point towards negligent operator calculations. Negligent operator calculations are a way for a DMV to suspend driver’s licenses of drivers who get too many traffic violations. The violation count that will cause a suspension is 4 points in one year, 6 points in 2 years, and 8 points in 3 years.
A code section 22107 usually has to be read in conjunction with CVC 22108 which requires that the signal be given for 100 feet continuously before the turn.
How To Fight Unsafe Lane Сhange (CVC 22107) Violation in California?
Most reasons to fight a CVC 22107 violation have to do when police continue their investigation after they stop and arrest a driver for driving on a suspended license, driving without a license, a DUI, or some other criminal offense. One of the legal motions that Los Angeles criminal defense attorney can bring to trial court attention to get a dismissal of your Los Angeles DUI is based on a violation of the search and seizure clause in the 4th amendment to the U.S. Constitution.
In California, such a motion can be brought under Penal Code section 1538.5. A search and seizure motion is litigated prior to trial and consists of an evidentiary hearing where the police officer has to explain to the judge the reason he stopped your car. When such a motion is litigated, your Los Angeles DWI attorney will argue that the traffic stop was illegal and the police violated your rights. If granted, the judge will suppress evidence of drinking, making the prosecutor’s job impossible and causing eventual dismissal of the DUI because the prosecutor will not be able to proceed to trial.
A police stop based on a violation of Vehicle Code 22107 can be often successfully fought because you do not have to use a blinker when your turn will not affect another person. In People v. Carmona, the police vehicle was heading towards Mr. Carmona when he turned his vehicle without using the blinker. The Court of Appeals decided that this was not a violation of CVC 22107 and that the police stop was illegal because the turn did not affect other persons. For example, if at the time of the turn the road is empty, using blinkers is not required. A stop in such a scenario is illegal.
People v. Dibble clarifies that the signal is primarily aimed at vehicles traveling behind the car marking the lane change. Also, not the actual effect but only the potential effect matters.
If you were stopped by the police because you did not use a blinker, the stop of the vehicle could have been illegal and can be dismissed! Call (818) 921-7744 to our office to talk to a DUI attorney about your case!
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Hi, my sister lives in Sacramento, CA and my sister was accused of a hit and run CVC 20002(a) and CVC 22107 while parking at a college garage. She parked her car and walked to class. She didnt notice anything about hitting a car. Next, she was called by the campus police officer one week later to come to the office. She asked to see the evidences and the surveillance camera, but the police officer denied her request by saying he didn’t have the time to dig into the camera. She was then asked to signed the citation. What can we do in the matter of this case?
Hello Koua,
The officer is not required to show the evidence to your sister. However, once the officer completes his investigation, he will submit the report to the prosecutor for filing consideration. If the prosecutor files the case, your sister will be able to have her attorney review the evidence and advise her accordingly. I recommend to contact an attorney in Sacramento to help her defend this case.
Good luck.
Hi, I was recently involved in a fender bender. We didn’t file a police report we simply went through the insurance and they claimed I’m guilty of violating cvc 22107. It was a four lane road and I was in the far right signaling to get the the left lane and I was looking over my shoulder to make sure it was safe enough to go and as I decided it was safe with plenty of room to get over the car in front of me hit his brakes because he claimed the car in front of him had turned without signaling. The damage on my car showed I was already merging over and I feel like that should be enough to show i wasn’t in violation of this considering I was almost completely in the other lane. Would you suggest it be worth requesting them to reasses the incident and their final decision?
You can always ask the insurance company to re-open their investigation based on something they overlooked or on new facts
An insurance company states I was 80% at fault for another car changing lane into my lane. Upon reviewing a dash cam the Claims Investigator stated I sped up to keep from allowing the other car from entering my lane. To me it’s speculative as I was in the moment of switching left but was not able to so I stayed in my lane. At the same time the other vehicle actually attempted to change into my lane his left. Where then he collided with my front right passenger side.
Hi,
I’m involved in an accident and my car got totaled, I got tickets for violation 22107 and police said that I did unsafe lane turn which caused the accident. However, I have court soon. What I should expect? And how many points will i get?
Hi. As my sister was driving, someone tapped the back of her car which made her roll four times. The person of course drove off. The police are citing her for unsafe lane change. Does that make sense?
Hello Michelle,
No, it makes no sense. Your sister is innocent of the unsafe lane change because someone else caused the accident. It sounds like the police does not believe your sister and she needs to dispute it.
Hi, I was in an ally driving when a car in the opposite direction hit my mirror and knocked it off. The police said it was my fault for a 22107 unsafe turn. I feel we were both at fault for not giving each other enough room to get by.
So I was making a left turn there was only one car making a right turn. I had my blinker on. The guy stoped and let me go so i made my turn thats when the officer stopped me and told me that I was supposed to yield and let him go. But he only charge me with 22107. Can I fight this ticket?
I was recently involved in an accident on the freeway in the middle of the night. I was in the #4 lane and some truck side swiped me and kept on going while I was hit multiple times by other cars and the CHP said it was my fault. But no ticket was given. That can’t be right, is it?
Hi Alex!
I just got a ticket for violation 22107 vc. I was in the left lane on the freeway and police car was following me for couple of exits. I was destructed by it and at some point waived slightly to the right. Didn’t change the lane though. There was another car in the right lane and that car was too close to the lane. No accident happen, however police officer’s point is that I did a unsave turn and almost hit another car. Can I dispute this ticket?
Hi. I was driving down a residential street dropping a co worker off at home after work. A car was riding directly behind me. Knowing I had my son in the back seat so when a side street came up I turned on to it. There was a motorcycle police parked on that street. He had asked me to stop and he had asked me If I had known that I didn’t put my blinker on. I was very honest because a blinker was my last thought of me trying to move out of the way. I was cut off from talking as soon as I said yeah I know it wasn’t on. He went to say the car behind you could’ve hit you can I see your ID? I gave him my ID. He didn’t ask for registration or insurance. He came back with my ticket for (CVC22107 unsafe turn no signal) on the ticket some information is incorrectly written down also
my sister was killed my a man who was driving and hit her and pin her against my brothers car in the police report it said he was in violation 22107 cvc and now the DA says they are filing charges against him what is the punishment for that
Good Afternoon,
First, I would like to express my sympathy and I am truly sorry about your loss and the devastation it must have caused. As far as the punishment, without knowing more, it seems that the DA is charging vehicular manslaughter. It can be a felony or a misdemeanor. If it is filed as a misdemeanor – the punishment is up to 1 year in the county jail. If it is filed as a felony, the punishment can be up to 6 years.