How Truck Drivers Can Fight Out of Lane Tickets - this blog was written by TicketKick.com, Your Go-To Resource for Beating Traffic Tickets.
Truck drivers or professional commercial drivers are held to a higher standard and as such suffer greater penalties for committing a traffic violation. A single Out of Lane ticket (Veh. Code, 22348c) for example can add one and a half points to a commercial driver’s motor vehicle record.
California law requires commercial vehicles, tractor trailers, and passenger vehicles towing to be driven in the right lane with certain exceptions. If you are merging onto another freeway for example you can move to another lane in order to get on or off at a freeway merge. If you are passing another vehicle you can use the lane to the immediate left of the rightmost lane, and the law doesn’t say how soon you must return to the right lane after passing.
You can also drive in either the rightmost lane or the lane to the immediate left of the right lane when the freeway has four or more lanes. If you do get an out of lane ticket make note of which lane you were in and how many lanes were on the freeway and take pictures if possible. When calculating the number of lanes on the freeway it’s important to count the carpool lanes too.
To illustrate the importance of including the carpool lane when “counting lanes”, take the case of People v. Harris (2011) for example. San Bernardino County Appellate Division judge dismissed Harris’ out of lane ticket finding the officer erroneously excluded the carpool lane when counting the total number of lanes on the freeway. The judge on appeal found that the law does not specifically exclude carpool lanes from the determination of the number of “lanes for traffic” for purposes of enforcing Vehicle Code section 22348 (c). Counting the carpool lane made all the difference and meant Harris was lawfully allowed to drive in either of the right hand lanes since the freeway had at least four lanes. - this blog was written by TicketKick.com, Your Go-To Resource for Beating Traffic Tickets
To beat your California Red Light, Speeding, Red Light Photo/Camera, Cell Phone, and Other Traffic tickets, call TicketKick.com. If you don’t win, we don’t win. It’s as simple as that. Go to www.TicketKick.com or call us at 800-580-1902.
This blog was written to provide information related to traffic tickets in California, is based on opinion only, is not legal advice, and is for informational purposes only.